The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-18

SOUTHERN DISTRICT OF NEW YORK

SOUTHERN DISTRICT OF NEW YORK
Daniel Green, New York. to be declared bankrupt
6rm Of McGrssor 4 Beekman, do; Lstimer r shaw, Of
the firms Of Bailey, Kseler Remsen and L X Shaw &
Co. dol William hi Brooklyn. April Is; Joseph Ball.
Cste Bslcher and Fuller Providence,) DO; Martin X
Bridges, late Arm of Bancroft Co. Brooklyn 18th;
John Aymar, late Arm Of Patterson & Aymar New
York, do; Jacob Lawrence, Jr. Far Rockawsy, do.
MAINE.
Thomas Nichols, Samuel Brown, Arnold 8 Rich.
mond, Daniel Mason, Thomas Jewell, James Bickiord
Jr, James Nickerson, Grssnleaf Bray ID anie Reed
John w Appleton, Daniel Hanblet, Cromwell Hunter,
WE'LL Oaks Packard, Samuel Morrill,, Rufus Hilton VIM
H Hayden, Samuel Amss, Gorham Butler, Erastus N
Es~.pS oa s G
well, Joseph Card Joseph Lesvit, Thos Jennings John
Stevens, Benjamin Wade. Nehemiah Ktridge. Geo c
BENZ Dsane, Joseph i Webb, Isaiah Brown Jas True
Ew Hasey, fhos Mansfield, John Snow. John Mem.
Thomas Bickford, Dudley r Miles, Ibrook Collins w
sherburne, Geo McKechne, Andrew Craig, Akin
son. Dennis sherburne, Geo Sherburne, Samuel Thurs
ton, Hermon Kent, Daniel Goodwin, Gaen Hathaway,
Edward Tebbets, Barnabas Bursey. Moses Bennett Ira
Norten, Eliphslet Sabine, Naihl Cobb Chss Panty
Valentine Crommett, Luther scribner Melvin Lincoln
Lucy w Maynard, Abbot Doyeu Stephen Loveioy, Phi
meas Rolf Geo Fitzgerald, Washington Woodman, David
sturgis, Newell Bullen, John Hunnewill, Archibald
Hall, Archibald Mcclellan, Jr John Mcclellan, Thomas
E Wentworth, ApolIos Osgood, Nathan Z Warren, Asa
Thayer, Jr, waldo Blossom, Zenas Lane, Benz Foster
AIeno0u ia u, THOMPSON
Edward Ceney, Isaac Bailey, Daniel Bailey, Jr, Asa
Edwards, Daniel Henson, Gusavus Goliath Jas Gray
HILL VIM Rollins, Alvin Barden, Peter HARDWOOD. Jr
Dexter Andrews. Samuel Moor, Dudo Thayer, Joseph
Staples. Otis Hodgkins, VIM Butler, Frederick Par
ker, Benz Sweet, Cyrus Maxwell, VIM Hooper, Andrew
David Brown, Andrew staple, Wm Harrington, VIM
Dow, Sheppard Bean, I'd, Arthur Prentiss
HIcHLv IMPORTANT DECISION IN REGARD TO UsuRT.
Gus INrEREsr "A case was decided before the Su-
preme Judicial Court in this city day or two
since, which involves question Of the highest i'm
portance in all cases Of assignment Of property and
effects for the benefit Of creditors. 1t was Bill in
equity-Henry d. Gray vs. Joshua Bennett-and
was brought t. recover three fold the amount of
interest money loaned by the defendant to John c..
Cook, on usurious interest. Cook having taken
advantage of the insolvent law Of Massachusetts,,
the plaintiff was appointed his assignee, and institu
ted this process to recover the of about $500
being three fold Of what the defendant had re-
ceived OF Cook as usurious interest The defence
was, that, whatever right Cook might have had to
maintain such suit ~ the present, the plaintiff
could not MAINTAIN II, because the Statute against
taking usurious interest was in the nature of a
penal Statute, andlcould only be inforced by the
person who borrowed he money. Hubbard J. de.
vered the opinion of the Court TO the effect; that
although the laws against usury in former days
were penal, yet the present laws on the subject ia
this Commonwealth were of q remedial character.
The right which Cook had to recover for taking
this usurious interest was in the nature Of vested
interest, which passed to the plaintiff as assignee
with the other assets, &c. Of Cock. The result
was, that the plaintiff must recover, and the Court
ordered the bill and answer to be referred to |
Master in Chanssry, and report how much was to
be paid. II IL probable that nine.tenths Of those
who have gone into bankruptcy, have paid extra |
interest in the same way which, according TO this
decision 10 debt absolutely due from the receiver
Of the said extra interest, and should form apart Of
the assets of the bankrupt II the matter s follow
I'd up in all cases by Assignees, il will involve
great deal Of money about which no question has
bsrstofore Been naturalization Daily MAIL March
10.