Mazuzan v. Mead
New York Supreme Court
Demurrer to declaration. The plaintiff declared that £he defendant, being the holder of a promissory note made by W, &. B. Anderson, bearing date 15th September, 1837, whereby the makers promised to pay to the defendant or bearer $210, with interest, by the first day of November next after the date thereof, h'e, on the 15th of October, 1837, by a memorandum endorsed on the back of the note and signed by him, for the consideration of $200 paid to him by the plaintiff,…
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Demurrer to declaration. The plaintiff declared that £he defendant, being the holder of a promissory note made by W, &. B. Anderson, bearing date 15th September, 1837, whereby the makers promised to pay to the defendant or bearer $210, with interest, by the first day of November next after the date thereof, h'e, on the 15th of October, 1837, by a memorandum endorsed on the back of the note and signed by him, for the consideration of $200 paid to him by the plaintiff, assigned and transferred the note to the plaintiff, and guarantied the payment thereof. The plaintiff then averred, that when…
1Opinion of the Court
By the Court,
Cowen, J.
The contract, as set forth in this count, is said to be expressly usurious. In considera - tian of $200 advanced, the defendant agrees to pay, on a subsequent'day, $210, with interest on the' latter sum from a previous day. It is answered that an usurious intent is not to be inferred, inasmuch as the plaintiff cannot in legal effect recover, aqd does not in truth seek fo recover more than he advanced, with the legal,interest. If such were the express agreement at the time, it would clearly take away the sting of usury; and if that appear upon the face of the declaration…
2Cited by6 opinions
- Walker v. ArmstrongSupreme Court of Kansas · 1863
- Ingalls v. LeeNew York Supreme Court · 1850
- Anderson v. RapelyeNew York Court of Chancery · 1842
- Sprague v. ZuntsSupreme Court of Alabama · 1850
- Western Reserve Bank v. PotterNew York Court of Chancery · 1841
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