Tupper v. Powell
New York Court of Chancery
THE bill stated, thafthe plaintiffs applied to Powell, one of the defendants, to borrow 500 dollars, on a note for that sum, payable in 60 days, made by one of the plaintiffs, and endorsed by the other; that Powell agreed to discount the note, and gave the plaintiffs 400 dollars, in money, and a quantity of indigo, amounting to 70 dollars, retaining the residue, or 30 dollars, as discount.
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THE bill stated, thafthe plaintiffs applied to Powell, one of the defendants, to borrow 500 dollars, on a note for that sum, payable in 60 days, made by one of the plaintiffs, and endorsed by the other; that Powell agreed to discount the note, and gave the plaintiffs 400 dollars, in money, and a quantity of indigo, amounting to 70 dollars, retaining the residue, or 30 dollars, as discount. That when the note became due, the plaintiff, in order to obtain a delay of payment, made and endorsed two other notes, for two hundred dollars each, payable sixty days after date, which notes, and 120…
1Opinion of the Court
The Chancellor.
This bill must be dismissed, on the ground that the plaintiffs do not tender the sum really borrowed, with the lawful interest. This court will not aid a plea of usury, at law, by compe 4 ing a discovery, unless the *441debtor will first do what is equitable, on his part. The case of Rogers v. Rathbun* is in point; and the fourth section of the statute against usury, requiring a discovery in certain cases, does not apply to a case like the present.
Bill dismissed, with costs.
Ante, p. 368,
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