Lewis v. . Barton
New York Court of Appeals
Appeal on the part of plaintiff from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 31, 1884 (amended by order of January Term, 1885), which affirmed as to all of the defendants, except Charles Barton, a judgment m favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal on the part of plaintiff from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 31, 1884 (amended by order of January Term, 1885), which affirmed as to all of the defendants, except Charles Barton, a judgment m favor of defendants entered upon a decision of the court on trial at Special Term. Also appeal by said defendant Barton from that portion of the said order which reversed as to him the said judgment of Speciai Term and granted a new trial. This action was brought to foreclose a mortgage executed by said…
1Opinion of the CourtAndrews, J.
We think the answer sets out with sufficient distinctness and accuracy the transaction constituting the alleged usury as proved on the part of the defendants, and. that there was no essential variance. It alleges in substance that Briggs & Co., the makers of the note to which the mortgage in question was collateral, applied to the plaintiff for a, loan of $5,000 for nine months, and that it was thereupon agreed between them that the plaintiff would loan to Briggs. & Co., $3,000 for the time stated, and transfer to them three notes he then held against third parties, amounting in the aggregate…
2Cases cited1 opinion
- National Bank v. . LewisNew York Court of Appeals · 1878
3Cited by7 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
- Hasbrouck v. KnoblauchNew York Supreme Court · 1908
- Dwyer v. Corrugated Paper Products Co.Appellate Terms of the Supreme Court of New York · 1913
- Mayor v. FayNew York Supreme Court · 1889
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