Douglass v. White
New York Court of Chancery
This was an application, by the defendants, to dissolve an injunction restraining the collection of a judgment recovered against the complainant in the name of the Bank of Ithica. The judgment was recovered against the complainant as the first endorser of a draft, drawn by E. Bissell upon Benson, & Lefferts of New-York, payable to the order of A. W. Douglass the complainant, and accepted by the drawees.
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This was an application, by the defendants, to dissolve an injunction restraining the collection of a judgment recovered against the complainant in the name of the Bank of Ithica. The judgment was recovered against the complainant as the first endorser of a draft, drawn by E. Bissell upon Benson, & Lefferts of New-York, payable to the order of A. W. Douglass the complainant, and accepted by the drawees. The complainant was a mere accommodation endorser, for the benefit of the drawer, upon this and another draft for a similar amount. And neither of the drafts had any legal existence until they…
1Opinion of the Court
The Chancellor.
The charge in the bill, upon the subject of the agreement to discharge the acceptors, is supported by the affidavit of Benson, and by the letter of the president of the bank, with the answer to the same. The answer of White denies that there was any usury in the draft upon which the judgment was obtained; though he declines saying any thing as to the alleged usury in the draft which was paid by the acceptors. But he alleges that the discounting of the two bills by him were entirely separate and distinct transactions. This is a sufficient denial of the usury, for the purposes of…
2Cases cited1 opinion
- Boyd v. HitchcockNew York Supreme Court · 1822
3Cited by7 opinions
- Jaffray v. . DavisNew York Court of Appeals · 1891
- Waring v. . LoderNew York Court of Appeals · 1873
- Farmers' Bank of Amsterdam v. BlairNew York Supreme Court · 1865
- Keeler v. . SalisburyNew York Court of Appeals · 1865
- Brown v. HendricksonSupreme Court of New Jersey · 1877
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