Buchanan v. Nolin
Buchanan v. Nolin
Opinion of the Court
delivered the opinion of the court.
This bill is brought to enjoin a judgment, on the ground that the contract upon which it was founded was usurious. The bill alledges that in 1835, the complainant, together with Daniel J. Sample and Smith H. Sample, executed to the defendant a note for $1000 or $1200, in consideration of a loan of $1000 made by Nolin to D. J. Sample; and that he thinks said note was
To this bill there is a demurrer. The only question is, whether the court of chancery has jurisdiction to afford relief in this case, after a trial at law, where the complainant neglected to to make his defence.
It is conceded by the counsel for the complainant, that the well settled general rule of this court, would exclude the jurisdiction here invoked, in ordinary cases, involving no embarrassing and complicated enquiry. But it is insisted, that the present case does involve such complication as would embarrass a jury, and probably prevent him from obtaining before that forum adequate relief. We do not say that there may not arise cases, where the principle here contended for should be applied, especially where usury would be the subject of enquiry.
An oppressed debtor in the hands of an artful and heartless usurer, might be induced so to change securities, adding in usurious interest, and for a long course of time repeating this process, so as to make it difficult for a jury, in the mode of trial before them, to detect the contrivance, and separate the usury from the sum really due. In such case, this court might entertain jurisdiction and afford relief, although there had' been a trial at law.
This case is very different, and were this court to entertain jurisdiction of it, a court of chancery would be converted into a forum for affording new trials of suits determined at law. Let the decree be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.