Brown v. Dewey
New York Court of Chancery
The bill was filed for the purpose of having a deed executed by Brown to Dewey, conveying a farm in the county of Schoharie, declared to be a security, and to have it given up and cancelled on the ground of usury. The answer, which was on oath, denied that the deed was intended as a security, and denied all the charges of usury. A great number of witnesses were examined on both sides.
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The bill was filed for the purpose of having a deed executed by Brown to Dewey, conveying a farm in the county of Schoharie, declared to be a security, and to have it given up and cancelled on the ground of usury. The answer, which was on oath, denied that the deed was intended as a security, and denied all the charges of usury. A great number of witnesses were examined on both sides. The facts are so fully stated in the opinion of the court, that it is unnecessary to detail .them here.
1Opinion of the Court
The Assistant Vice-Chancellor.
Prior to 1836, the complainant became indebted to the defendant for borrowed *61money. In the winter of that year, he bought the farm in question, and borrowed more money of the defendant, in order to make the purchase. His whole debt amounting to $1100 at that time, he gave to the defendant a bond and mortgage on the farm to secure it, dated March 9, 1836, and payable in annual instalments, extending ten years. In 1837, the defendant made a further loan to the complainant. In 1838, he discounted for the complainant a note of $200, made by the latter, and also…
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- Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
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- Holmes v. GrantNew York Court of Chancery · 1840
- Skinner v. MillerCourt of Appeals of Kentucky · 1824
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