Tupper v. Powell
1 Johns. Ch. 439
New York Court of Chancery
1815
Check Treatment
The Chancellor.

This bill must be dismissed, on the ground that the plaintiffs do not tender the sum really borrowed, with the lawful interest. This court will not aid a plea of usury, at law, by compe 4 ing a discovery, unless the *441debtor will first do what is equitable, on his part. The case of Rogers v. Rathbun* is in point; and the fourth section of the statute against usury, requiring a discovery in certain cases, does not apply to a case like the present.

Bill dismissed, with costs.

Ante, p. 368,