Fulton Bank v. Beach
New York Court of Chancery
This was a petition on the part of the defendants for leave to open the proof and re-examine one of the complainants’ witnesses, upon the ground that new facts had been discovered on his cross-examination in a court of law, since the testimony in the suit was closed. The defence was usury,
1Opinion of the Court
The Chancellor :—Without examining the question whether the new facts are admissible as evidence, under the present state of the pleadings, I am satified the other objection, taken by the complainants’ counsel, is fatal. If a party seeks equity in this court, he must do equity. If he comes here to obtain a discovery, or to ge’t rid of a usurious contract, he must consent to pay the money actually lent, with legal interest. If the defendant sets up a *430defence of usury, either in this court or at law, he is at liberty to sustain it if he can by proof in the usual way. But if he neglects, or is…
2Cases cited3 opinions
- Smith v. I. BrushNew York Supreme Court · 1811
- Lawrence v. KniesNew York Supreme Court · 1813
- Hamilton v. BoidenMassachusetts Supreme Judicial Court · 1804
3Cited by18 opinions
- Patton v. RuckerTexas Supreme Court · 1867
- Kentucky Mutual Insurance v. JenksIndiana Supreme Court · 1854
- Moore v. PiersonSupreme Court of Iowa · 1858
- Clark v. SpencerSupreme Court of Kansas · 1875
- Williams v. . FitzhughNew York Court of Appeals · 1868
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