Bailey v. Dean
New York Supreme Court
In Equity. This was a bill for a discovery in aid of the prosecution of a suit at law commenced by Bailey against Dean for slander of title, libels, malicious prosecution, &c. The bill set forth a great number of usurious transactions between Bailey and Dean, extending over a period of nearly twenty years.
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In Equity. This was a bill for a discovery in aid of the prosecution of a suit at law commenced by Bailey against Dean for slander of title, libels, malicious prosecution, &c. The bill set forth a great number of usurious transactions between Bailey and Dean, extending over a period of nearly twenty years. It alleged that on the 1st of December, 1836, Bailey applied to Dean for a further loan of $160 for one year; that Dean claimed that there was $555 due to him from Bailey, upon two judgments which he had recovered against Bailey; though Bailey denied that there was any thing due, in fact.…
1Opinion of the CourtPratt, J.
If the plaintiff has made a case by his bill which would have entitled him to a discovery of the usury, by the de*300fendant, previous to the passage of the act allowing a party in a suit to call his antagonist as a witness, he is not, by force of that law, deprived of the right to such discovery. The party called as a witness under that act has the same privileges as any other suitor; and therefore would not be compelled to disclose any fact which would tend to criminate him, or subject him to an indictment. The defendant in this case, if called as a witness in the suit at law, would not be…
2Cases cited6 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- People v. DouglassNew York Supreme Court · 1825
- Tillotson v. CheethamNew York Supreme Court · 1808
- March v. DavisonNew York Court of Chancery · 1842
- Jarvis v. HathewayNew York Supreme Court · 1808
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3Cited by23 opinions
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- Schepmoes v. BoussonNew York Court of Common Pleas · 1877
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- Ward v. WardSupreme Court of Iowa · 1875
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