Perrine v. Striker
New York Court of Chancery
This case came before the court upon a demurrer to the complainants’ bill. The object of the bill was to obtain a perpetual injunction against the prosecution of a suit at law upon an usurious note given by one of the complainants as principal, and by the other as his surety, to the defendaant, upon a loan of money.
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This case came before the court upon a demurrer to the complainants’ bill. The object of the bill was to obtain a perpetual injunction against the prosecution of a suit at law upon an usurious note given by one of the complainants as principal, and by the other as his surety, to the defendaant, upon a loan of money. The bill stated that the note was given in March, 1836, for $300, payable in seven months, with interest; but for which note the defendant loaned only the sum of $287,50, the residue of the $300 being deducted upon an usurious agreement that the lender was to have at the rate of…
1Opinion of the Court
The Chancellor.
The objection that the discovery sought by the bill may subject the defendant to a crimnal prosecution is not well taken. The eighth section of the act of May, 1837, to prevent usury, expressly provides that the answer of a defendant in such a case shall not be used against him before any grand jury, or on the trial of any indictment against him. Whether any criminal prosecution can be instituted in any other form against the usurer, it is not material to inquire; for the legitimate construction-of this section must be, although the word indictment only is *601used, that his answer…
2Cited by27 opinions
- Matter of RoussNew York Court of Appeals · 1917
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- Town of Venice v. . WoodruffNew York Court of Appeals · 1875
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
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