Seymour v. Marvin
New York Supreme Court
In Equity. This case came before the court on exceptions taken by the plaintiffs to the report of a referee to whom it was referred to take and state the account between the parties, &c. The bill was filed for an account, and to compel the payment of whatever balance should be found due to the plaintiffs from the defendants. The defendants, in their answer, set up the defense of usury in the agreement under which the plaintiffs claimed to recover.
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In Equity. This case came before the court on exceptions taken by the plaintiffs to the report of a referee to whom it was referred to take and state the account between the parties, &c. The bill was filed for an account, and to compel the payment of whatever balance should be found due to the plaintiffs from the defendants. The defendants, in their answer, set up the defense of usury in the agreement under which the plaintiffs claimed to recover. The facts sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court,
Gridley, J.
By the decretal order of reference entered in this cause it was adjudged and decreed that the several accounts current mentioned in the pleadings should be deemed to be prima facie evidence that the items ther.eof, and the charges and discharges, were correct and just. And also that the defendants should be at liberty to falsify and surcharge the said account only in respect to the errors and omissions *82alledged in their answer; and to prove and insist that the contracts and agreements under which the advances of money were made by the several firms, represented by the…
2Cases cited8 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Pratt v. AdamsNew York Court of Chancery · 1839
- Stone v. SeymourCourt for the Trial of Impeachments and Correction of Errors · 1835
- Schroeppel v. CorningNew York Supreme Court · 1848
- Clark v. VorceNew York Supreme Court · 1836
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3Cited by10 opinions
- Clarke v. . SheehanNew York Court of Appeals · 1872
- Curtiss v. TellerAppellate Division of the Supreme Court of the State of New York · 1913
- Kann v. KannSupreme Court of Pennsylvania · 1918
- Wofford v. WylySupreme Court of Georgia · 1884
- Personal Finance Co. v. GrossCity of New York Municipal Court · 1939
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