Sheldon v. . Haxtun
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of Jeremiah Sheldon, the original plaintiff, entered upon a verdict. After judgment was perfected on the verdict, Sheldon died, and the present plaintiff, his administratrix, was substituted.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of Jeremiah Sheldon, the original plaintiff, entered upon a verdict. After judgment was perfected on the verdict, Sheldon died, and the present plaintiff, his administratrix, was substituted. (Reported below, 24 Hun, 196.) This action was brought upon five promissory notes, given by the defendant to said Sheldon, all dated at Kewanee, Illinois, and all made payable, with interest at the rate of ten per cent. The…
1Opinion of the Court
Andrews, Oh. J.
The defense of usury was not established as to the four notes given for money collected by the defendant on the notes and mortgage owned by the intestate. The notes so collected and the mortgage given to secure them, were transferred by the defendant to the intestate in the spring of 1875. They were Illinois contracts, and the notes were payable with interest at the rate of ten per cent, per annum. The intestate paid to the defendant as the consideration of the transfer, the full amount of principal and interest unpaid on the securities. When this transaction took place the…
2Cases cited3 opinions
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- Scott v. FabacherCourt of Appeals for the Fifth Circuit · 1910
- Thorn v. AlvordNew York Supreme Court · 1900
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