Caponigri v. Altieri
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pasquale Caponigri, from a judgment of the Appellate Term of the Supreme Court in favor of the defendants, hearing date the 28th day of December, 1897, and entered in the office of the clerk of the county of New York affirming a judgment of the General Term of the City Court of New York-which affirmed a judgment of the City-Court of New York, entered in the office of the clerk of the City Court of New York on the 20th day of May, 1897, upon the…
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Appeal by the plaintiff, Pasquale Caponigri, from a judgment of the Appellate Term of the Supreme Court in favor of the defendants, hearing date the 28th day of December, 1897, and entered in the office of the clerk of the county of New York affirming a judgment of the General Term of the City Court of New York-which affirmed a judgment of the City-Court of New York, entered in the office of the clerk of the City Court of New York on the 20th day of May, 1897, upon the verdict of a jury rendered after a trial at a Trial Term of said court.
1Opinion of the Court
Patterson, J.:
The question to be determined on this appeal relates to the right of the defendants to recover upon a counterclaim under this state of facts, viz.: The plaintiff, an individual banker, sued upon a promissory note, of which the defendants were respectively the maker and indorser. The defendants set up as a counterclaim that in various transactions had by them, and with which they say the note m suit was connected, they paid to the plaintiff large sums of usurious interest, and they sought to recover back double the amount of that *305usurious interest, basing their right to do so…
2Cases cited2 opinions
- Barnet v. National BankSupreme Court of the United States · 1879
- Perkins v. . SmithNew York Court of Appeals · 1889
3Cited by2 opinions
- First National Bank v. AndersonAppellate Division of the Supreme Court of the State of New York · 1900
- Schlesinger v. LehmaierAppellate Division of the Supreme Court of the State of New York · 1907