The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-30
Supreme Court.
Before Hon. Judge Roosevelt.


Nov. 2s-Ddrid Banks u.s. Peter Fan Ant,orp and
WUe-Ths motion for a foreclosure OF mortgage,
to which aplea of usury put in This morning Judge
Roosevelt rendered the following decsion:-
RoosKvEIr, J.--usury a defence standing upon
the footing in principle acton for the recovery
Of penalty or forfeiture the party setting up must
clearly every particular necessary such a
covery, and must distinctly negative every supposable
fact which, true, would render the transaction Innocent
lawful In the present the defendants allege that
the mortgage sought 10 be oreclosed although dated
The nrs' q the month was not IN fact executed until the
23th OF August 1896 that made 20 the prn
cpa OF 80 900 loaned 10 the defendant Van Antwerp
on the Goth Of August, 1916 tina, dated the
first Of the month for the purpose OF rcscrving greater
rate OF interest than per cent, and that the
plaintiff did thereby reserve 10 himself for the
loan fourteen dollars above the lawful rate
There Is syerment, will be observed, that the four
teen dollars which constitute grievance OF the offence
charged, were ever exaced paid and interest Is
claimed due for the nine years prior 10 1850 The
defendants In effect admit tht the eighteen instruments
Of interest whatever they accrung prior that
were satisfactorily arranged and paid The idea OF re
covcry, therefore, clearly after thought II
strongly OF the nature Of what tho law denomnacs sale
demand, and which the Courts especially when sitting
In equity invariably discharge. Besides the defendants
answer 40 far as alleges facts and nfcrences may
be perfectly true and yet the loan may have been
possibly was engaged tho money actually set apart
IN bank IN the first days OF tho month, tho Intermediate
three weeks being devoted 10 the preparation OF the pa
pers and the examination Of the ttc Tho question then
is, does such transacton--one OF every day occur
not on Wall street, but among legal convey
constitute in law msdemennors-for tho same statute
the passed IN 1897 which ~ invoked
NJ contract, II applicable equally makes II punishable
with fine and imprisonment a criminal offence In
other words the act done, void s for the
criminal, and If not cuniDal IA for the not
void Can any one, then, repeat imagine that the Legs
lature intended that dating bond the day OF the loan
was 20 be punished with imprisonment, II the money
although actually engaged aud actually in, and kept ia
bank not actually paid TIL the expiration Of tho
usual time allowed and required for the examination on
the borrowers c1 and that the offence then 81 be
deemed 81 such hcnous character that unlike other
cases Of penalty and forfeiture which are re-
quircd 70 be presented az at all within three
years. this may ~ effect be prosecuted within
nine or even ninety years after alleged commission
II n the practice am aware, to underrac the intell
gcDce and good sense Of our legislative bodies. The
practice has however, been considered demonstrating
neither the good the ntcgence-certanly not
the good taseof those who indulge In H. Courts, at all
events may be excused for not pursuing II. shall
sumo therefore, until otherwise nstructcd that the lie
gsaurc Of 1887 whatever may have been their views Of
public policy. did not intend 10 enact an absurdty not
% ssy sIS o Ne psn I ep ''c"'' 0'
Thilip McDcrno vs. 7hs Beard Of Police Cpnmissioncrs
This up application Of the plaintiff ~ tax
payer and member of the old police for injunction
to restrain tho defendants from appointing any persons
the police other than members Of the old force. Dcc
sion reserved.
THE woopMAs CASE.
IN the Mater Of Gardiner FsrH,ss HnryJ Raymond
This suit for libel instituted dganst the defendant
for the publication OF document in the Woodman
and which reflected rather severely tho moral charac
ter OF Mr. Furnss for the part he had acted the New
York Hotel scandal affair by consent Of counsel tho
ton withdrawn.
THE CONVICT JOHN n. HOLMES
An application was made ON the part Of one OF tho ere
dtors d Holmes 70 have trustee appointed, for the pur
se o paying his debts and providing for the support OF
his wife and family Tho Court was Of opinion that the
application could not be entertained the party who
makes the application offers stipulation for security,
4 proper person to apply. Being altogether an ex.
pte application, IL cannot be granted.