New Jersey Court of Chancery, 1872

Bennett v. Hadsell

Bennett v. Hadsell
New Jersey Court of Chancery · Decided May 15, 1872
23 N.J. Eq. 174

Counsel

Mr. T. S. Mitchell, for complainant., Mr. F. F. Westcott, for defendant.

Bennett v. Hadsell

Opinion of the Court

The Chancellor.

The evidence in this case shows clearly that Hadsell agreed to pay C. H. Bennett $100 for his services in getting the money for which the mortgage was given. C. H. Bennett advanced the money himself, the mortgage was given to him, and he retained $100 of the $800, for which the mortgage was given. This is usury. The assignee, even without notice of the usury, takes subject to that defence.

Let there bé a decree for $700, without interest or costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.