Bank of Georgia v. Lewin
New York Supreme Court
THIS was an action upon a bill of exchange drawn upon and accepted by the defendant. The action was tried before Justice Balcom, without a jury, at the New York circuit. The said Justice found the following conclusions of fact, viz: 1st. The plaintiff was, and is, a corporation, as alleged in the complaint, doing business, and located in the state of Georgia. 2d.
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THIS was an action upon a bill of exchange drawn upon and accepted by the defendant. The action was tried before Justice Balcom, without a jury, at the New York circuit. The said Justice found the following conclusions of fact, viz: 1st. The plaintiff was, and is, a corporation, as alleged in the complaint, doing business, and located in the state of Georgia. 2d. On the 6th day of November, 1857, the. defendant was liable as acceptor of a bill of exchange, made by one Lamar, at Savannah, in the state of Georgia, to pay the plaintiff, in the city of' New York, the sum of $10,340.70. 3d. At the…
1Opinion of the Court
By the Court, Ingraham, P. J.
It was held by the general term of this district, in Balme v. Wombough, (38 Barb. 352,) that a note drawn in Minnesota, for money loaned there, and made payable in the state of New York, was not usurious, unless the laws of Minnesota made it so. The fact of its being made payable in New. York did not affect its validity; although it would have been void if the contract had been made in New York. The present case differs from that only in the fact that the instrument is a hill of exchange drawn on a person residing here. The contract was made in Georgia, the money…
2Cases cited3 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Balme v. WomboughNew York Supreme Court · 1862
3Cited by11 opinions
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
- Thompson v. EdwardsIndiana Supreme Court · 1882
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
- Hildreth v. ShepardNew York Supreme Court · 1873
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