Topping v. Van Pelt
New York Court of Chancery
On the 7th of February, 1837, a bond and mortgage was executed by the complainant, to the defendant Van Pelt, to secure payment of the sum of $425. On the 3d of February, 1838, the securities were assigned by Van Pelt to the defendant Southworth. On the 14th of April, 1838, South worth caused a suit at law to be instituted on the bond, in the name of "Van Pelt, against the c'omplainant.
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On the 7th of February, 1837, a bond and mortgage was executed by the complainant, to the defendant Van Pelt, to secure payment of the sum of $425. On the 3d of February, 1838, the securities were assigned by Van Pelt to the defendant Southworth. On the 14th of April, 1838, South worth caused a suit at law to be instituted on the bond, in the name of "Van Pelt, against the c'omplainant. A plea of non est factum was put in, and an . - , . . . .. „ 1 inquest taken at the trial, the defendant not appearing. A judgment was afterwards duly entered in October term, 1838. The judgment record has…
1Opinion of the Court
The Asststant Vice-Chancellor:
The allegation's of the bill present this enormous case of usury—a loan of three hundred dollars, upon receiving a bond and mortgage for four hundred and twenty-five, with interest from' the date. It is distinctly proven by the complainant’s own witnesses, that the sum of $350 was actually paid to him at the time of the execution of the bond and mortgage ; and the thought immediately arises, how it has happened that the complainant has positively sworn that the sum was but three hundred dollars. He does not start with a favorable case, when he has made so great…
2Cases cited11 opinions
- Bank of United States v. DunnSupreme Court of the United States · 1832
- Kline v. BeebeSupreme Court of Connecticut · 1827
- North American Coal Co. v. DyettNew York Court of Chancery · 1837
- Trecothick v. AustinU.S. Circuit Court for the District of Massachusetts · 1825
- Campbell v. MorrisonNew York Court of Chancery · 1838
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