Kenningham v. Bedford

The only difference, (in the principle point,) between this case and that last decided, (Tudor vs Goodloe,) is that, in this, indulgence to the principal obligor for six months was given in consideration of $200 actually advanced by him at the date of the new contract for indulgence, and which sum was about 12 per cent, interest on the debt; and we approve this decree enjoining the creditor’s judgment against the sureties.

The usurious consideration having been paid in advance, the agreement for indulgence was not void — the creditor could not have avoided it, the principal debtor insisting on…