Fulton Bank v. Stafford
New York Supreme Court
This was an action of assumpsit, tried at the Kings circuit, in May, 1837, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at the Kings circuit, in May, 1837, before the Hon. Ogden Edwards, one of the circuit judges. The declaration was on two bills of exchange drawn by the defendant on Keeler and Rogers, a mercantile firm in the city of New-York, one for $1300, the other for $1500, payable to the order of Keeler and Mather, a firm in Albany, and endorsed by them ; and on a promissory note for $3500, made by the defendant to Keeler and Mather, also endorsed by them. The defendant pleaded the general issue, to which was subjoined a general notice of set-off. On the trial of…
1Opinion of the Court
By the Court, Sutherland, J.
The principal questions which arise in this case are, 1. Whether James G-. Mather was properly admitted to testify on the behalf of the defendant ; 2. Whether the defence of usury was admissible under the pleadings ; 3. Whether the fact of usury was sufficiently established.
Mather was in the first place called as a witness on the part of the plaintiffs, and testified to the signatures of the different parties to the note and bills of exchange on which this action was brought. The defendant subsequently called him to prove that the note and bills of exchange were…
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