
    Remer v. Shaw.
    A demurrer to a foreclosure bill having been overruled, and an order made that the defendant answer in forty days. A decree pro con. having been taken, on default of answer, the defendant, without notice, took an order giving him leave to put in answer, without informing the Court of the nature of the answer he intended to put in. An answer was put in setting up usury. On motion, it was ordered, that the defendant strike out so much of the answer as set up usury, or introduce in the answer an offer to pay the principal sum with legal interest.
    To a bill for foreclosure, the defendant had filed a demurrer, which was overruled, and the defendant was ordered to answer in forty days. The answer not being filed in forty days, a decree pro con. was taken against the defendant, no answer being yet in. A few days after, an order was taken on the part of the defendant, without notice, giving the defendant leave to answer; the Court not being informed of the nature of the answer intended to he put in. An answer was filed setting up usury.
    A motion was made that so much of the answer as sets up usury be stricken out.
    
      F. T. Frelinghuysen and W. Halsted in support of the motion.
    They cited 6 Hill, 223; 1 Paige, 429; Rev. Stat. 908, sec. 17, 910, sec. 26; 1 Sim. & Stuart, 469; 2 Chitty’s Eq. Dig. 864; 2 Daniel’s Ch. Pr. 57.
    
      J. P. Bradley, contra,
    cited 1 Paige, 40.
   The Chancellor

ordered, that the defendant strike out so much of the answer as sets up usury, or introduce in the answer an offer to pay the principal sum with legal interest. Re-examinéd in chief. I don’t think Mr. Campbell had paid any attention to that stock, I don’t suppose he had. It has neve5-' paid' any dividend, to the best of my knowledge. I think the first intimation I had that he had given his proxies, was what he said to me that day. I never saw the Ryersons use his proxy. I bought that stock from Mr. Zabriskie, Mr. Campbell’s Administrator, one or two years after the interview with Mr. Camp■bell. Mr. Zabriskie, I think, took time to consider before he sold tome.  