New York Supreme Court, 1801

Gilbert v. Eden

New York Supreme Court · Decided April 15, 1801

2 Johns. Cas. 280

Counsel

Hoffman, Attorney General, B. Livingston and Pendleton, contra., Hamilton and Spencer, for the defendants, replied.

Opinion of the Court

Per Curiam.

From 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)

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

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