Hall v. Earnest
New York Supreme Court
THIS action was brougnt to recover the balance due upon a promissory note made by the defendants. The defenses relied upon were usury, and that the holder extended the time of payment to the injury of the defendant. The cause was tried at the Steuben circuit on the 11th day of January, 1859, before the Hon. T. A. Johnson and a jury. The defendants on that trial recovered a verdict.
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THIS action was brougnt to recover the balance due upon a promissory note made by the defendants. The defenses relied upon were usury, and that the holder extended the time of payment to the injury of the defendant. The cause was tried at the Steuben circuit on the 11th day of January, 1859, before the Hon. T. A. Johnson and a jury. The defendants on that trial recovered a verdict. The plaintiff moved for a new trial, at a special term, before the same justice, which, motion was denied. The plaintiff then appealed to the genera,! term. The facts are as follows : ■ On the 14th day of March,…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
The question was fairly submitted to the jury on the trial of this action, whether the bond and mortgage was sold absolutely to the defendant John J. Earnest, and the note in question, and upon which the action was brought, was received in payment therefor. And the jury was also distinctly advised that if such was the fact, the plaintiff was entitled to recover the balance due on said note, with interest; and the jury was also distinctly charged that if the said note was made for the accommodation of John Earnest, the payee, and to enable him to raise money on…
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