Austin v. Fuller
New York Supreme Court
The complaint set out a note, dated May 11th, 1847, for $103,69, payable to John Blasdell or bearer, by the 1st of December then next, with use; upon which the plaintiff claimed $99,27, and interest from April 18th, 1850, The defendants Jonathan and David Fuller denied that the plaintiff was the owner of the note; or that they ever gave the note ; and that if'there was such note, it was payable at some time after its date, and signed by them as sureties of John Fuller, for a…
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The complaint set out a note, dated May 11th, 1847, for $103,69, payable to John Blasdell or bearer, by the 1st of December then next, with use; upon which the plaintiff claimed $99,27, and interest from April 18th, 1850, The defendants Jonathan and David Fuller denied that the plaintiff was the owner of the note; or that they ever gave the note ; and that if'there was such note, it was payable at some time after its date, and signed by them as sureties of John Fuller, for a preexisting indebtedness of John Fuller to Blasdell; and was given for that indebtedness, on an usurious agreement…
1Opinion of the Court
*363 By the Court,
Hand, J.
It has been said that a party may show an agreement, by parol, to pay an additional sum, at some future day, as interest on a note or bond upon which lawful interest is reserved. (Macomber v. Dunham, 8 Wend. 554. Merrills v. Law, 9 Cowen, 65. Cowen & Hill’s Notes, 1476. Woodward v. Reynolds, MSS. 4th Dist.) Cowen & Hill cite Hammond v. Hopping, (13 Wend. 510, 511.) An attempt was there made, to prove a second note for the additional interest; and also to show admissions, which, however, did not tend to prove an executory agreement. Merrills v. Law was afterwards…
2Cases cited12 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Lloyd v. ScottSupreme Court of the United States · 1830
- United States v. LefflerSupreme Court of the United States · 1837
- Law v. MerrillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Hammond v. HoppingNew York Supreme Court · 1835
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3Cited by7 opinions
- Oliver Lee & Co's Bank v. WalbridgeNew York Court of Appeals · 1859
- Davis v. ClemsonU.S. Circuit Court for the District of Ohio · 1855
- Davis v. GillettSupreme Court of New Hampshire · 1872
- Michael v. BabbetSupreme Court of Iowa · 1885
- Clamente v. ValenteAppellate Division of the Supreme Court of the State of New York · 1932
2 more not listed; retrieve them via the Exa API.