Vilas & Bacon v. Jones & Piercy
New York Court of Appeals
Appeal from Chancery. The appellants, complainants in the Court below, filed their bill in the Court of Chancery against the respondents, in which the case was stated in substance as follows: In April, 1839, Harvey Church borrowed of the defendant, Jones, $200 for six months, and was to pay for the use thereof at the rate of ten per cent, per annum.
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Appeal from Chancery. The appellants, complainants in the Court below, filed their bill in the Court of Chancery against the respondents, in which the case was stated in substance as follows: In April, 1839, Harvey Church borrowed of the defendant, Jones, $200 for six months, and was to pay for the use thereof at the rate of ten per cent, per annum. Church and the complainants, as his sureties, thereupon gave their joint and several note to Jones, at six months, for $210, being the sum loaned and the interest added thereto, including three per cent, for the usurious premium. At the end of the…
1Opinion of the Court · BronsonBronson, J.
Harvey Church as principal, and the complainants as his sureties, made their joint and several promissory note for two hundred and ten dollars, payable to Jones, who endorsed it to Piercy. After Piercy had sued and recovered judgment on the note at law, against all of the makers, the complainants filed their bill in the Court of Chancery to be relieved against the judgment, on the ground that the note was void for usury; but they neither paid nor offered to pay the money actually loaned, nor the legal interest thereon. Unless the case has been provided for by our recent usury statutes, it is…
Also in this document: Opinion of the Court · Jewett.
2Cases cited5 opinions
- Waller v. HarrisNew York Supreme Court · 1838
- Miller v. McCanNew York Court of Chancery · 1839
- Perrine v. StrikerNew York Court of Chancery · 1839
- Bank of Salina v. HenryNew York Supreme Court · 1846
- Beggs v. ButlerNew York Court of Chancery · 1841
3Cited by24 opinions
- Jenness v. CutlerSupreme Court of Kansas · 1874
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Ganz v. . LancasterNew York Court of Appeals · 1902
- Buckingham v. . CorningNew York Court of Appeals · 1883
- Lemmon v. WhitmanIndiana Supreme Court · 1881
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