Palen v. . Johnson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict. Plaintiff was appointed receiver of the property of one Henry Bouge, in proceedings supplementary to execution. As such receiver he brought this action to recover various sums alleged to have been paid in excess of legal interest upon various usurious loans from defendant to said Bouge. The complaint contained eleven counts.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment entered upon a verdict. Plaintiff was appointed receiver of the property of one Henry Bouge, in proceedings supplementary to execution. As such receiver he brought this action to recover various sums alleged to have been paid in excess of legal interest upon various usurious loans from defendant to said Bouge. The complaint contained eleven counts. The last count was to recover the balance collected by defendant, alleged to have been transferred to him by Bouge as security for a…
1Per curiam
The provisions of 1 R. S., 772, § 3, differ essentially from those of 1 R. L., 64. The latter act authorized the party paying usurious interest to sue for the excess, within one year after payment, in a/n action of debt founded on that act / and in default of such action by the party paying the usurious interest, any other person might, within one year after such default, sue for and recover it. Upon the language of that act it was held that the remedy which it gave was merely cumulative, and that the limitation of one year only applied to an action founded upon that act, leaving the…
2Cited by16 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Hawley v. GriffinSupreme Court of Iowa · 1903
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
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