Barrows v. Doty
Michigan Court of Chancery
The bill in this case was filed in the circuit court of the county of Wayne, February 7th, 1837, before the organization of the court of chancery, and afterwards was transferred to this court.
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The bill in this case was filed in the circuit court of the county of Wayne, February 7th, 1837, before the organization of the court of chancery, and afterwards was transferred to this court. The bill stated that in the month of February, 1834, Juba Barrows being under a pressing necessity for money, made his wants known to one Charles Tryon, who said he expected to have money put into his hands by another person to loan, which other person Barrows understood to be Ellis Doty; that soon afterwards Tryon did actually loan to Barrows $44, for which he gave his two several promissory notes for…
1Opinion of the Court
The Chancellor.
This bill cannot be sustained, for the usury was a good defence.at law,- and Tryon being the agent who negotiated the loan, must have known all the facts, and might have been called as a witness.
The complainants have suffered judgments to be taken on the notes, with a knowledge of all the facts, without making their defence, and they come . too late to this court to ask to be relieved against those judgments. (See Thompson vs. Burry & Van Buren, 3 J C. R., 395. Lansing vs. Eddy, 1 J C. R., 49.) The injunction must be dissolved and the bill dismissed.*
Bill dismissed.
See Wright…
2Cited by1 opinion
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