New York Court of Appeals

Jacob Billington, Appellant v. James Wagoner and Others, Respondents

June 5, 186533 N.Y. 31

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that only the borrower or his sureties (or their successors) may assert a usury defense, and that an agreement to extend payment time on usurious consideration is void and does not discharge the sureties.