Depau v. Humphreys

The defendant, administrator of the estate of W. Kenner, deceased, sued on sundry notes of the firm of W. Kenner & Co. (composed of the deceased, Clague and Oldham) given in the city of New-York to the plaintiff, pleaded the statute of usury of the state of New York. On this, the plaintiff, with the defendant's consent, filed a supplemental petition, in which he prayed that, if the plea of usury was sustained, he might have judgement for the balance due him *2by the firm, before the notes mentioned in the original petition were given. To this supplemental petition the plea of usury was repeated.