National Bank v. . Lewis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. (Reported below, 10 Hun, 468.) This action was brought upon a promissory note made and executed by the firm of “Bench Bros. & Co.,” and indosed by defendant Lewis. Lewis alone answered. The material portions of his answer are set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial, without a jury. (Reported below, 10 Hun, 468.) This action was brought upon a promissory note made and executed by the firm of “Bench Bros. & Co.,” and indosed by defendant Lewis. Lewis alone answered. The material portions of his answer are set forth in the opinion. It was conceded upon the trial that Lewis was an accommodation indorser without consideration. Lewis offered to prove the facts set up in his…
1Opinion of the CourtMiller, J.
The first question for consideration upon this appeal is whether the answers of the defendant state facts sufficient to establish the defense of usury, if proven. The claim of the plaintiff is in substance that no agreement is alleged Avhich distinctly states facts necessary to make out a violation of the law relating to usury. It cannot bo denied that in interposing the defense of usury, it must be pleaded with such precision and certainty as to make out, on tho face of the pleading, that a corrupt and usurious contract has been entered into. My opinion is that the fifth and sixth answers of…
2Cases cited5 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Merchants Exchange National Bank v. Commercial Warehouse Co.New York Court of Appeals · 1872
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Hintermister v. . First National BankNew York Court of Appeals · 1876
- In re WildU.S. Circuit Court for the District of Southern New York · 1873
3Cited by34 opinions
- Gladwin State Bank v. DowMichigan Supreme Court · 1920
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Citizens' National Bank v. DonnellSupreme Court of Missouri · 1903
- Caponigri v. . AltieriNew York Court of Appeals · 1901
- First National Bank v. McCarthySouth Dakota Supreme Court · 1904
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