Bank of Salina v. Henry
New York Supreme Court
Assumpsit, tried before Moseley, C. Judge, in April, 1844. The action was on a promissory note made by the defendants— Henry signing as a surety for Pierce—dated April 20, 1838, payable to the plaintiffs 63 days after date.
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Assumpsit, tried before Moseley, C. Judge, in April, 1844. The action was on a promissory note made by the defendants— Henry signing as a surety for Pierce—dated April 20, 1838, payable to the plaintiffs 63 days after date. The defendant Henry pleaded the general issue, and gave notice of the defence of usury, verifying the notice by affidavit pursuant to the usury statute of 1837. After the plaintiffs had made out their case and rested, the counsel for the defendant stated that the defence was usury; that the note was made to be discounted by the plaintiffs’ bank for the benefit of the…
1Opinion of the Court
By the Court. Bronson, Ch. J.
The receiving of usury is a misdemeanor; (Slat, of 1837, p. 487, § 6;) and the witness Chapman was requested to give evidence which would either have charged, or tended to charge himself with that offence. In opening the defence, the counsel proposed to show, among "other things, that the witness “ discounted the said note, and in so doing deducted $10 from the face thereof, under a corrupt and usurious agreement between him and the said Pierce.” As the note had only 63 days to ran, the transaction was clearly usurious: and as the witness “discounted” the note,…
2Cases cited2 opinions
- United States v. SmithU.S. Circuit Court for the District of Connecticut · 1809
- Close v. OlneyCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by7 opinions
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Nekoosa-Edwards Paper Co. v. News Publishing Co.Wisconsin Supreme Court · 1921
- Briggs v. SmithNew York Supreme Court · 1854
- Morse v. CloyesNew York Supreme Court · 1851
- Pollock v. Steam-Boat LauraDistrict Court, S.D. New York · 1880
2 more not listed; retrieve them via the Exa API.