New York Court of Appeals

Archibald M. Allerton, Respondent v. William H. Belden, Impleaded

May 21, 187249 N.Y. 373

Summary

The Court held that an accommodation indorser of a usurious note is not a borrower within the Revised Statutes and the 1837 act, and therefore cannot obtain equitable relief under those provisions. Accordingly, the plaintiff's complaint failed to state a cause of action in equity and the demurrer should have been sustained, reversing the lower court's judgment.