Tupper v. Powell

1 Johns. Ch. 439, 1815 N.Y. LEXIS 178, 1815 N.Y. Misc. LEXIS 37

Opinion

The Chancellor.

This bill must be dismissed, on the ground that the plaintiffs do not tender the sum really borrowed, with the lawful interest. This court will not aid a plea of usury, at law, by compe 4 ing a discovery, unless the debtor will first do what is equitable, on his part. The case of Rogers v. Rathbun

Footnotes

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* is in point; and the fourth section of the statute against usury, requiring a discovery in certain cases, does not apply to a case like the present.

Bill dismissed, with costs.

Ante, p. 368,