GWYN VS. LEE. 447

the makers of the other notes, pledged to him, have refused to
pay them, and that some of them insist that they were lent to
Baughman, Nicholson and Cannon, and that after defendant
is repaid his loan with interest, they are entitled to share in the
surplus, if any there be.

The complainants in their bill, further insists, that even if
the defendant can hold said note as a security at all, it can only
be for so much as might be due him after deducting all the in-
terest paid him by said firm on all their transactions, over and
above the interest allowed by law; and they call upon the de-
fendant to state the amount of such excessive interest paid
within the period of the last three years.

In answer to this ground of equity, the defendant says, that
the loan already spoken of, for twenty-one thousand dollars,
and a further loan to the same parties of four thousand dollars,
on the 16th of August, 1848, and to secure the repayment of
which, other notes were hypothecated with the defendant, are
the only two transactions of business he has with Baughman,
Nicholson and Cannon; that he claims to hold these last notes
as also those pledged for the payment of the $21,000 before
mentioned, as security for the repayment of the two sums, prin-
cipal and legal interest, and such costs and expenses as he may
incur by the resistance of the makers of the notes, to pay the
amount of their liabilities; and denying the right of the com-
plainant to interrogate him on his obligation to answer to the
charge of usury, the defendant says, "he was always ready and
willing, and is now ready and willing, to surrender to the per-
sons entitled to receive the same, all securities which he holds,
upon the payment to him of the amount of Baughman, Nichol-
son and Cannons indebtedness to him, with legal interest
thereon, and the costs and expenses," &c. But he claims to
hold the said securities until he is so repaid, and to adopt such
measures as he may be advised, and as may be necessary to
recover the sums due upon said securities, until he shall be re-
imbursed his principal, legal interest, and costs and expenses.

The injunction which was ordered upon the filing of this bill
to restrain the defendant, Lee, from passing away the note of