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1 Johns. Ch. 367

Rogers v. Rathbun

New York Court of Chancery

Decided March 7, 1815

New York Court of Chancery · decided 1815-03-07

BILL for an injunction, charging that the plaintiff applied to the defendant, on the 16th of March, 1812, for the loan of 500 dollars, and agreed to give him at the rate of . 11 per cent, interest, and to execute a negotiable note, with Beriah Palmer, as endorser, payable in six months.

Good law ✅— No negative treatment on recordhow we know

Decided 1815-03-07

How this case has been cited

Cited by 4 later decisions — most recently May 1904

1 district · 3 state decisions

201815182018301840185018601870188018901900decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Chancellor.

¶1The bill prays for a discovery of the usury charged, and, consequently, to subject the defend*368ant to a forfeiture at law of his whole debt; and as the till does not contain an offer, or tender, of the sum actually borrowed, with the lawful interest, after crediting the eleven per cent, already advanced, the motion cannot be granted. jj. jg a principle, that he who seeks equity, must do equity; and if the borrower comes into this court for relief against his usurious contract, he must do what is right, as between the parties, by bringing into court the money actually advanced, with the legal interest, and then the court will lend him its aid as against the usurious excess. To compel a discovery, without such offer, would be against the fundamental doctrine of this court, which will not force a discovery that is to lead to a forfeiture. (Bosanquet v. Dashwood, Cases temp. Talbot, 38. Fitzroy v. Gwillim, 1 Term Rep. 153. Viner, tit. Usury, 315. Chauncey v. Taheurden, 2 Atk. 393. Earl of Suffolk v. Green, 1 Atk. 450.)

¶2Injunction denied.

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