Livingston v. Harris
New York Court of Chancery
This was an application on the part of the defendant S, Harris, for the dissolution of an injunction. The bill stated that a suit at law had been brought by the defendant Harris, against the complainant, H. Livingston, and the defendant, R. L. Livingston, on a joint and several note -which the complainant had signed as surety for his brother, R. L. Livingston; and which the complainant had subsequently discovered was given to secure an usurious loan from Harris, to his…
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This was an application on the part of the defendant S, Harris, for the dissolution of an injunction. The bill stated that a suit at law had been brought by the defendant Harris, against the complainant, H. Livingston, and the defendant, R. L. Livingston, on a joint and several note -which the complainant had signed as surety for his brother, R. L. Livingston; and which the complainant had subsequently discovered was given to secure an usurious loan from Harris, to his co-defendant in this suit. The bill prayed a discovery of the usury; that the note might be delivered up and cancelled; and…
1Opinion of the Court
The Chancellor.
In deciding this case it is necessary to give a construction to the eighth section of the title of the revised statutes which relates to the interest of money; which title embraces the existing usury laws of this state. (1 R. S. 772, § 8.) On the part of the complainant it is insisted, that, under the provisions of this section, the defendant is bound to answer on oath as to any usurious consideration contained in an existing security, and to forfeit the whole debt if the usury is admitted by such answer. That the complainant is not required to pay, or to offer to pay, any part…
2Cited by25 opinions
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Newman v. KershawWisconsin Supreme Court · 1860
- Ramsdell v. MorganNew York Supreme Court · 1837
- Williams v. . FitzhughNew York Court of Appeals · 1868
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