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1 Johns. Ch. 439

Tupper v. Powell

New York Court of Chancery

Decided June 19, 1815

New York Court of Chancery · decided 1815-06-19

THE bill stated, thafthe plaintiffs applied to Powell, one of the defendants, to borrow 500 dollars, on a note for that sum, payable in 60 days, made by one of the plaintiffs, and endorsed by the other; that Powell agreed to discount the note, and gave the plaintiffs 400 dollars, in money, and a quantity of indigo, amounting to 70 dollars, retaining the residue, or 30 dollars, as discount.

Cited by 1 later decisions — most recently May 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1815-06-19

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The Chancellor.

¶1This bill must be dismissed, on the ground that the plaintiffs do not tender the sum really borrowed, with the lawful interest. This court will not aid a plea of usury, at law, by compe 4 ing a discovery, unless the *441debtor will first do what is equitable, on his part. The case of Rogers v. Rathbun*is in point; and the fourth section of the statute against usury, requiring a discovery in certain cases, does not apply to a case like the present.

¶2Bill dismissed, with costs.

¶3Ante, p. 368,

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