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3 Edw. Ch. 424

Willoughby v. Comstock

New York Court of Chancery

Decided November 11, 1840

New York Court of Chancery · decided 1840-11-11

Motion to dissolve an injunction on bill and answer. The bill showed that the complainant made and delivered a bond and mortgage in favor of the defendant Eleutheros D. Comstock, as president of the Mechanics’ Banking Association, for securing sixty thousand dollars and interest.

Decided 1840-11-11

The "Vice-Chancellor

¶1decided there was no usury here ; and rested his decision upon the case of The Bank of the United States v. Waggener, 9 Peters, 378. His honor ordered the injunction to be dissolved ; but left the costs of the motion to abide the event of the suit.

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