Sands v. White

New York Court of Chancery

Sands v. White

3 Sarat. Ch. Sent. 39

DecidedJuly 18, 1843

StatusPublished

This text of 3 Sarat. Ch. Sent. 39 (Sands v. White) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sands v. White, 3 Sarat. Ch. Sent. 39 (N.Y. 1843).

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Opinion

Deci* ded that, by the settled practice of this court, a defendant is not to be permitted, where the proceedings against him are regular, to come in after decree, as a matter of favor, to make his defence or open his default, to enable him to set up the [40]*40defence of usury ; except upon the terms of paying the principal and interestjustly due.

Order appealed from reversed with costs, and petition dismissed. But complainant ordered to endorse upon the decree the amount of the usury, and interest, or so much as may remain after deducting the costs therefrom.

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Deci* ded that, by the settled practice of this court, a defendant is not to be permitted, where the proceedings against him are regular, to come in after decree, as a matter of favor, to make his defence or open his default, to enable him to set up the [40]*40defence of usury ; except upon the terms of paying the principal and interestjustly due.

Order appealed from reversed with costs, and petition dismissed. But complainant ordered to endorse upon the decree the amount of the usury, and interest, or so much as may remain after deducting the costs therefrom.

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Bluebook (online)

3 Sarat. Ch. Sent. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sands-v-white-nychanct-1843.