Harrison v. Wallis
New York Supreme Court
Cause resubmitted to the court, without a jury, by stipulation dated January 22, 1904. Action by the payee of a promissory note against the joint and several makers thereof, the defenses being usury and payment. A counterclaim also was interposed by the defendants for the rents, issues and profits of certain lands at Albuquerque, H. M., mortgaged to secure the payment of the note, the plaintiff being alleged to be a mortgagee in possession. . i - -
1Opinion of the CourtBischoff, J.
The action is upon the joint and several promissory note of the defendants, for $8,000, with interest at the rate of twelve per cent, per annum, and an additional ten per cent, of the amount found due, as an attorney’s fee in case of a suit to enforce the collection of the note. It was made at Albuquerque, H. M., dated November 7, 1893, and payable at the same place, to the plaintiff’s order, one year after its date. Being admittedly a contract governed by the laws of Hew Mexico the attempted defense of usury is insufficient because embodying no allegation that the agreement provided for the…
2Cases cited32 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- Story v. ElliotCourt for the Trial of Impeachments and Correction of Errors · 1827
- Cutler v. . WrightNew York Court of Appeals · 1860
- Lindenmuller v. PeopleNew York Supreme Court · 1861
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