Silverman v. Katz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by David Silverman against Alexander Katz and another. Defendants had judgment, and plaintiff appeals.
1Opinion of the CourtGiegerich, J.
The action is on two promissory notes' for $75 each, made by the defendant Alexander Katz to the order of Jacob Katz, and indorsed by the latter and one Nathan Finkelstein. The defense was usury.
It appears, without contradiction, that one Julius H. Zieser, the attorney who represented the plaintiff in the transaction, exacted and received $25 as a condition of the loan of $150, for which the two promissory notes in suit were given; but there is no evidence in the record which justifies an inference that the plaintiff received any part of the sum so exacted, or knew of or assented to its…
2Cases cited4 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Cameron v. FraserNew York Supreme Court · 1905
- Bliven v. LydeckerNew York Supreme Court · 1889
- Ferguson v. BienAppellate Terms of the Supreme Court of New York · 1905
3Cited by2 opinions
- Brown v. JohnsonUtah Supreme Court · 1913
- Citizens' Bank v. HeywardSupreme Court of South Carolina · 1925