Bartholomew v. Yaw
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the eighth circuit, overruling a demurrer. The bill was filed to recover back the usurious premiums which the complainant had paid to the defendant upon a loan of $200; which sum had been loaned at the rate of three and a half per cent per month, in addition to the legal interest.
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This was an appeal from a decision of the vice chancellor of the eighth circuit, overruling a demurrer. The bill was filed to recover back the usurious premiums which the complainant had paid to the defendant upon a loan of $200; which sum had been loaned at the rate of three and a half per cent per month, in addition to the legal interest. The bill alleged that the loan was made in October, 1834, when the complainant and his sureties gave to the defendant twelve promissory notes, amounting together to the sum of $256, payable in eight months, with interest; and that the notes were renewed…
1Opinion of the Court
The Chancellor.
This is not a suit to recover back usurious premiums voluntarily paid, and for a discovery of the usury, under the provisions of the revised statutes on the subject. For by the computation I have made from the statements in the bill, a little more than $21 of the original loan, including legal interest, remained due when the last notes were given ; and only $245 of those notes consisted exclusively of the usurious premiums. It is evident therefore, that if the last twelve notes had not been sued and collected, there could have been no claim to recover any thing back ; the…
2Cited by10 opinions
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Circle v. Jim Walter Homes, Inc.Court of Appeals for the Tenth Circuit · 1981
- William S. Hungerford v. John SigersonSupreme Court of the United States · 1858
- Britt v. MarksOregon Supreme Court · 1891
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