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Anderson v. Rapelye

2 Sarat. Ch. Sent. 19 Court N.Y. Ch. Decision date 1842-04-05 English

Contents

Majority

p. 19
Robert Anderson v. George Rapelye.

Headnote

Usury.
M. S. Bidwell & S. F. Clarkson, for complainant;
J. W. Gerard, for defendant.

In this case the chancellor decided that the transfer of a bond and mortgage of a third person for #3000, the payment of which is guarantied by the seller and another person, in consideration of the sum of $2600 is usurious and void.

Decree of the assistant vice chancellor reversed; and decree directed declaring the assignment of the bond and mortgage and the bond executed therewith inoperative and void, and that they be delivered up and cancelled, and granting a perpetual injunction against any suit thereon.