Gilbert v. Eden

Decided April 15, 1801

New York Supreme Court · decided 1801-04-15

Wortman, for the defendants, moved to set aside the judgment in this cause, and the warrant of attorney on which it was entered, on the ground of usury. He read several affidavits to prove the usury. He cited 4 Term Rep. 500. 3 Bro. C. 0. 603, 604. 2 Ves. jun. 154. Plowd. on Usury, 149.

Decided 1801-04-15

Per Curiam.

¶1From the affidavits which have been read, it appears that the bond was usurious; but the court are not to judge of the credibility of witnesses. As. there is color, at least, for the allegation of usury, the proper course is to award a feigned issue to try the fact. ' (Barnes, 52, 277. Cowp. 727. 1 Bos. & Pull. 270.) Let a feigned issue be awarded.(a)

¶2(a) 3 Johns. Rep. 139, 142, 250. See Kelly on Usury, ed. 1835, p. 82; Ord'on Usury, ed. 1809, p. 95.