Lansing v. Eddy
New York Court of Chancery
THE bill, which was for an injunction, stated, that the plaintiff, as security for Jacob I. Vanderheyden, and with him, gave a promissory note for 511 dollars and 70 cents, on the 14th of March, 1811, to John Eddy. That judgment was recovered on the note, in the supreme court, against both the makers, in October term, 1811, on which a fi. fa. was issued immediately thereafter.
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THE bill, which was for an injunction, stated, that the plaintiff, as security for Jacob I. Vanderheyden, and with him, gave a promissory note for 511 dollars and 70 cents, on the 14th of March, 1811, to John Eddy. That judgment was recovered on the note, in the supreme court, against both the makers, in October term, 1811, on which a fi. fa. was issued immediately thereafter. Vanderheyden died insolvent, the 6th of April, 1813, and the property was advertised for sale, under the execution, on the 6 th of June instant. On the 21st oí July, 1812, the plaintiff paid the sheriff, on the fi.fa.,…
1Opinion of the Court
The Chancellor.
The injunction can only be granted upon one of these two grounds: 1. That the plaintiff has already fully paid and satisfied the execution ; 2. That he seeks for a discovery of usury in the debt, and to obtain a return of the excess beyond the principal sum loaned, together with the lawful interest.
1. If the execution has been paid, the sale can be stopped *51by a judge’s order, and there is no need of the interference of this, court. The remedy at law is prompt and adequate.
2. Nor does there appear sufficient cause for allowing the writ on the other ground. The first impression…
2Cases cited1 opinion
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
3Cited by21 opinions
- Pickford v. TalbottSupreme Court of the United States · 1912
- Foster v. WoodNew York Court of Chancery · 1822
- Roach v. . DuckworthNew York Court of Appeals · 1884
- Murphy v. BlairIndiana Supreme Court · 1859
- Dodge v. StrongNew York Court of Chancery · 1816
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