Allen v. Mapes
New York Supreme Court
On a motion to set aside an inquest taken at the circuit, where the default of the defendant was satisfactorily excused, it was shown on the part of the plaintiff that the defence relied on by the defendant was usury, in the making of the note the foundation of the action, and it was insisted that in addition to the usual terms of relief, the defendant should be required to relinquish the defence of usury.
Read the full summary
On a motion to set aside an inquest taken at the circuit, where the default of the defendant was satisfactorily excused, it was shown on the part of the plaintiff that the defence relied on by the defendant was usury, in the making of the note the foundation of the action, and it was insisted that in addition to the usual terms of relief, the defendant should be required to relinquish the defence of usury. This was asked on the authority of the case of Fox v, Baker, 2 Wendell, 244.
1Opinion of the Court
By the Court, Bronson, J.
It is, no doubt, the constant practice in these appeals to the equity powers of the court, to impose such terms on granting relief as the special circumstances of the case may seem to require ; and where a defendant has let slip the opportunity of pleading what has sometimes been called an unconscionable defence, as the statute of usury or of limitations, leave to plead anew has been denied. Beach v. Fulton Bank, 3 Wendell, 585, 587, and cases cited, per Savage, Ch. J. There may be cases where, in the exercise of a sound discretion, we should refuse to set aside an…
2Cases cited1 opinion
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by7 opinions
- Clark v. New York, New Haven & Hartford R. R.Supreme Court of Rhode Island · 1911
- Foster v. BrowningSupreme Court of Rhode Island · 1856
- Farish v. CorliesNew York Court of Common Pleas · 1863
- Inhabitants of West Hoboken v. SymsSupreme Court of New Jersey · 1887
- Vanderveer's Administrator v. HolcombSupreme Court of New Jersey · 1871
2 more not listed; retrieve them via the Exa API.