Wayne County Savings Bank v. . Low
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought by plaintiff, a corporation organized under the laws of Pennsylvania, and doing business.at Honesdale in that State, upon a promissory note made by defendant, a resident of this State, of which the following is a copy: “ §2,000. Middletown, ¡N. Y., Jcvrúy 20, 1875. “ Six months after date, for value received, I promise to pay to H C. Hand, cashier, or order, at the First…
1Opinion of the CourtRapallo, J.
In Dickinson v. Edwards (77 N. Y. 573), the decision in Jewell v. Wright (30 N. Y. 259) was adhered to, and it was held that where a promissory note was made in this State by a resident thereof, bearing date and, by its terms, payable in this State, with no rate of interest specified, and was delivered to the payees without consideration, to be used by them for their accommodation, without restriction, and was first negotiated by them in another State at a rate lawful there, but greater than that allowed by law in this State, it was usurious and void, there being no evidence in the case of…
2Cases cited4 opinions
- Tilden v. BlairSupreme Court of the United States · 1875
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Jewell v. . WrightNew York Court of Appeals · 1864
- Bank of Georgia v. LewinNew York Supreme Court · 1865
3Cited by26 opinions
- Fourth Street Bank of Philadelphia v. YardleySupreme Court of the United States · 1897
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Sondheim v. GilbertIndiana Supreme Court · 1888
- United States Mortgage Co. v. SperrySupreme Court of the United States · 1891
- Western Transportation & Coal Co. of Michigan v. KilderhouseNew York Court of Appeals · 1882
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