Matthews v. . Coe
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, setting aside a verdict in favor of plaintiff and granting a new trial.' This action was brought to recover for the alleged conversion of a quantity of corn or the warehouse receipts, therefor, held by defendant as collateral security for advances made thereon, under a contract alleged to be void for usury.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, setting aside a verdict in favor of plaintiff and granting a new trial.' This action was brought to recover for the alleged conversion of a quantity of corn or the warehouse receipts, therefor, held by defendant as collateral security for advances made thereon, under a contract alleged to be void for usury. It is reported upon a former appeal, in 49 N. Y., 57. By the terms of the contract upon which the advances were made, the corn was to be held in store until the market price should advance to the…
1Opinion of the CourtAllen, J.
Without criticising the form of the complaint, which but faintly if at all shadows forth the real cause of action, or the plaintiff’s title to the property in controversy, the action may be disposed of upon its merits. I shall treat the action as one by the owner to recover for the conversion of property claimed and held by the defendant under a contract alleged to be void for usury, and in which, if evidence was given tending to prove the usurious character of the transaction, the plaintiff was entitled to an affirmance of the judgment for the amount awarded by the referee, within the…
2Cases cited5 opinions
- Cockle v. FlackSupreme Court of the United States · 1877
- Wegman v. . ChildsNew York Court of Appeals · 1869
- Matthews v. . CoeNew York Court of Appeals · 1872
- Smith v. . MarvinNew York Court of Appeals · 1863
- Thomas v. . MurrayNew York Court of Appeals · 1865
3Cited by23 opinions
- Oleet v. Pennsylvania Exchange BankAppellate Division of the Supreme Court of the State of New York · 1955
- Brown v. . RobinsonNew York Court of Appeals · 1918
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Foreman v. NeedlesSupreme Court of Oklahoma · 1920
- Arrington v. . GoodrichSupreme Court of North Carolina · 1886
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