Swenson v. Trowbridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph M. Swenson, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 10th day of November, 1920, granting defendants’ motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Laughlin, J.:
The action is to recover on two promissory notes made by the defendants and payable in Nebraska. Defendants answered jointly, pleading as partial defenses that the notes were made and delivered pursuant to a corrupt and usurious agreement and that, therefore, the plaintiff was not entitled under the law of Nebraska to recover the amount claimed.
The record shows that when the cause was reached for trial a jury was waived and that the issues were thereupon tried by the court without a jury. Counsel for the plaintiff opened, stating the issues as presented by the pleadings; and…
2Cases cited4 opinions
- Scofield v. ClarkNebraska Supreme Court · 1896
- Rosenquest v. CanaryAppellate Division of the Supreme Court of the State of New York · 1898
- Knight v. Sackett & Wilhelms Lithographing Co.New York Court of Appeals · 1894
- Knight v. Sackett & Wilhelms Lithographing Co.The Superior Court of New York City · 1892
3Cited by4 opinions
- Sachs v. BlumAppellate Division of the Supreme Court of the State of New York · 1934
- Kadelburg v. Hartford Accident & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Appelt v. TimponeNew York Supreme Court · 1949
- Bobowski v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1950