Majority
p. 343Jacob Berry, impleaded with C. Van Beuren, ap pellant, against Justus Thompson, respondent.
Headnote
Where the party is sued at law on notes., «Hedged by him to be usurious, and he sutlers a verdict and judgment to be taken against him, without making any de-fence. or applying to the Court of Chancery, in due season, he is concluded, and is not entitled to relief in equity.An ment of a debt, usurious in its from the scrutiny creation, to a third person, with knowledge of the original -transaction, will not protect it of a court of equity.
APPEAL from the Court of Chancery. Vide 3 Johns. Ch. Rep. 395 .
C. Baldwin, for the appellant.
Sampson, contra.
being unanimously of opinion, that the decree *of the Court of Chancery ought to be affirmed, it was. thereupon, Ordered, adjudged, and decreed, that the decree of tire Court of Chancery be in all things affirmed; and that the appellant pay to the respondent two hundred dollars, for his damages and costs in defending the appeal; and that the record be remitted, &c.
Decree of affirmance.