Bennet v. D. Smith & Phelps
New York Supreme Court
THIS was an action of assumpsit on twelve promissory notes, dated June 3, 1811, for twenty-five dollars each, made by the defendants, payable to Caleb M. Fitch, or bearer, on the 1st of June, 1812. Plea, non assumpsit. The cause was tried at the Cortlandt circuit, in June, 1817, be-Mr. Justice Platt.
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THIS was an action of assumpsit on twelve promissory notes, dated June 3, 1811, for twenty-five dollars each, made by the defendants, payable to Caleb M. Fitch, or bearer, on the 1st of June, 1812. Plea, non assumpsit. The cause was tried at the Cortlandt circuit, in June, 1817, be-Mr. Justice Platt. The defence, at the trial, was usury; to prove which, the defendants called Jlbner Humphreys as a witness, who testified, that in May, 1811, Fitch applied to him for a loan of a sum of money, which he declined lending, but said, that if Fitch had any good notes, he would purchase them. A few days…
1Opinion of the CourtVan Ness, J.
The case of Munn v. The Commission Company, (ante, p. 44.) is decisively against you in this point. We decided that a note made for the purpose of being discounted at an usurious interest, and indorsed for the accommodation of the maker, was void in its original formation.
Sherwood, contra, was stopped by the court.
2Per curiam
The motion to set aside the nonsuit must be denied.
Motion denied.
3Cited by6 opinions
- Claflin v. . BoorumNew York Court of Appeals · 1890
- Jackson ex rel. Walsh v. ColdenNew York Supreme Court · 1825
- Germania Savings Bank v. Village of Suspension BridgeNew York Supreme Court · 1893
- Ayer v. TildenMassachusetts Supreme Judicial Court · 1860
- Simpson v. . FullenwiderSupreme Court of North Carolina · 1851
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