Vilas v. Jones
New York Court of Chancery
This was an application by the complainants for leave to amend their bill, by striking out so much thereof as charged that the note upon which the suit at law had been brought against them and Church, the principal debtor, was usurious j and for permission to file a supplemental bill stating the collection of the judgment since the filing of the original bill in this suit, and the discharge of Church under the bankrupt act.
1Opinion of the Court
The Chancellor.
The allegations in the complainants5 bill, which are not denied by the defendants in their affidavits read in opposition to this application, are in substance, that in April 1839, Church borrowed of the defendant Jones $200 for six months j for the use of which money, for that time, Jones was to receive at the rate of ten per cent per annum. Church, together with the complainants Yilas and Bacon as his sureties, thereupon gave to Jones their joint and several negotiable note for $210, payable in six months, for the amount of the loan and interest for that time, including the…
2Cases cited1 opinion
- McLemore v. PowellSupreme Court of the United States · 1827
3Cited by7 opinions
- Stillwell v. AaronSupreme Court of Missouri · 1879
- Draper v. TrescottNew York Supreme Court · 1859
- Austin v. DorwinSupreme Court of Vermont · 1848
- Turrill v. BoyntonSupreme Court of Vermont · 1851
- Berry v. PullenSupreme Judicial Court of Maine · 1879
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