Grannis v. . Stevens
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 30, 1913, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The note sued on was neither usurious nor tainted with usury. (Thurston v. Cornell, 38 N. Y. 281; Gilbert v. Warren, 56 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 30, 1913, affirming a judgment in favor of defendants entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The note sued on was neither usurious nor tainted with usury. (Thurston v. Cornell, 38 N. Y. 281; Gilbert v. Warren, 56 App. Div. 289; Clarke v. Sheehan, 47 N. Y. 188; Hall v. Daggett, 6 Cow. 653; Griffin v. N. Y. Oil Co., 11 N. J. Eq. 49; Orvis v. Curtiss, 157 N. Y. 657; Archibald v. Thomas, 3…
1Opinion of the CourtCollin, J.
The action is upon a promissory note made by the defendants, payable to the order of the plaintiff. Upon the trial, at the close of the evidence, each party moved for the direction of a verdict in his favor. The court directed a verdict for the defendants. The Appellate Division affirmed, by a divided court, the judgment entered thereon.
Two defenses were and are urged. The one, that the evidence did not prove that the writing was delivered to the plaintiff as and for a promissory note: the ether, that the evidence did prove that it was void because usurious.
The evidence relating to the first…
2Cases cited18 opinions
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- Burke v. DulaneySupreme Court of the United States · 1894
- Jamestown Business College Assn. v. . AllenNew York Court of Appeals · 1902
- Benton v. . MartinNew York Court of Appeals · 1873
- Higgins v. . RidgwayNew York Court of Appeals · 1897
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