Collard v. Smith

The Chancellor.

The complainant moves to suppress the defendants’ answer. First, on the ground that it sets up usury as a defence, and was filed after the time limited hy law, the time for answering having been extended by the assent of the complainant’s solicitor, at the solicitation of the solicitor of the defendant, and without stating the fact that usury was intended to he set up as a defence.

The court will not extend the time for answering in order to admit the defence of usury. And where the time has been extended by order of the court, without notice to the complainant’s solicitor or…