Rogers v. Rathbun
New York Court of Chancery
BILL for an injunction, charging that the plaintiff applied to the defendant, on the 16th of March, 1812, for the loan of 500 dollars, and agreed to give him at the rate of . 11 per cent, interest, and to execute a negotiable note, with Beriah Palmer, as endorser, payable in six months.
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BILL for an injunction, charging that the plaintiff applied to the defendant, on the 16th of March, 1812, for the loan of 500 dollars, and agreed to give him at the rate of . 11 per cent, interest, and to execute a negotiable note, with Beriah Palmer, as endorser, payable in six months. That the agreement was carried into effect, and, on giving the note, the plaintiff paid to the defendant interest, at the rate of 11 per cent, per annum ; that the defendant has commenced a suit on the note in the supreme court. The bill called on the defendant to answer to the above charge, and prayed for an…
1Opinion of the Court
The Chancellor.
The bill prays for a discovery of the usury charged, and, consequently, to subject the defend*368ant to a forfeiture at law of his whole debt; and as the till does not contain an offer, or tender, of the sum actually borrowed, with the lawful interest, after crediting the eleven per cent, already advanced, the motion cannot be granted. jj. jg a principle, that he who seeks equity, must do equity; and if the borrower comes into this court for relief against his usurious contract, he must do what is right, as between the parties, by bringing into court the money actually advanced,…
2Cited by9 opinions
- Williams v. . FitzhughNew York Court of Appeals · 1868
- Ryttenberg v. ScheferDistrict Court, S.D. New York · 1904
- Richards v. KountzeNebraska Supreme Court · 1876
- Anthony v. LawsonSupreme Court of Arkansas · 1879
- Alden v. DiossyNew York Supreme Court · 1878
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