
    Jacob Berry, impleaded with C. Van Beuren, appellant, against Justus Thompson, respondent.
    Where the party is sued at law on notes., «Hedged by him to be usurious, and he sutlers a verdict and judgment to be taken against him, without making any de-fence. or applying to the Court of Chancery, in due season, he is concluded, and is not entitled to relief in equity.
    An ment of a debt, usurious in its from the scrutiny creation, to a third person, with knowledge of the original -transaction, will not protect it of a court of equity.
    APPEAL from the Court of Chancery. Vide 3 Johns. Ch. Rep. 395.
    
      C. Baldwin, for the appellant.
    Sampson, contra.
   The court

being unanimously of opinion, that the decree *of the Court of Chancery ought to be affirmed, it was. thereupon, Ordered, adjudged, and decreed, that the decree of tire Court of Chancery be in all things affirmed; and that the appellant pay to the respondent two hundred dollars, for his damages and costs in defending the appeal; and that the record be remitted, &c.

Decree of affirmance.  