Bush v. Livingston
Court for the Trial of Impeachments and Correction of Errors
FROM the pleadings, and cases delivered in this cause, the facts appeared to be these. Livingston, in the years of `96 and `98, borrowed of one Evertson, the two several sums of 3,000 dollars and 2,793 dollars, on mortgage. The clay of redeniption having elapsed, and Livingston being further indebted to Evertson, for interest and some other matters, amounting, with the above principal sums, to 6,222 dollars, .Evertson demanded payment.
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FROM the pleadings, and cases delivered in this cause, the facts appeared to be these. Livingston, in the years of `96 and `98, borrowed of one Evertson, the two several sums of 3,000 dollars and 2,793 dollars, on mortgage. The clay of redeniption having elapsed, and Livingston being further indebted to Evertson, for interest and some other matters, amounting, with the above principal sums, to 6,222 dollars, .Evertson demanded payment. In consequence of this, Livingston arranged with him to pay 5,600 dollars cash, and give his notes for the residue. This being acceded to, Livingston applied…
1Opinion of the CourtPer curiamdelivered by Spencer, J.
The appellant’s counsel have insisted on the argument,
1st. That so much oí Livingston's answer as charges the appellant with usury, is not evidence, and is to be proved aliunde.
2d. That the order of the chancellor, in leaving at large, what part of the answer was to be read, is therein erroneous.
3d. That if Livingston’s answer is 'to be received as evidence, in toto, the charge of usury is not, in law, established.
4th. That an issue ought not to have been directed in consequence of contradictions, between Livingston and his own witness, Evertson.
*805th. That the whole merits of the case being be»…
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