
    Elijah Morse v. Isaac Hovey and S. Thayer.
    
      Usury—Defense of, available to surety—Surety cannot file bill in name of principal—Draper course indicated.
    
    8. Stevens for complainant.
    S. Beardsley for defendant Hovey.
   Decided in this case that a person standing in the situation of a mere surety for the principal debtor has a right to set up the defense of usury to a note given by them, and file a bill in this court, if necessary, to establish that defense, although the principal debtor should refuse to join in that defense or to become a party complainant in the bill; but that the surety has no right to file a hill in the name of the principal without his consent. That the proper course in such a case is for the -surety to make the principal debtor a party defendant to a bill filed by him for relief, alleging as an excuse for doing so that he would not consent to join as a complainant in the suit. Demurrer allowed and bill dismissed as to defendant Hovey, with costs.  