Legal Opinion

Cassebeer v. Kalbfleisch

New York Supreme Court

Decided May 15, 1877Published

Appeal from a judgment in favor of the defendant entered upon the verdict of a jury, and from an order denying a motion for a new-trial made upon the minutes of the judge before whom the action was tried.

1Opinion of the Court

Daniels, J.:

This action was brought upon two promissory notes made by the defendant to the order of William Buhl, and claimed by the defendant to have been void for usury. After its commencement, the complaint was amended by adding two other notes of the same description. But the evidence concerning them was stricken ont by the court, because- they matured on the day when the summons was served. The trial accordingly involved the liability of the defendant only upon the two notes originally set out in the complaint. The first of these was dated on the 29th day of June, 1874, payable in four…

2Cases cited5 opinions

  1. Dowe v. SchuttNew York Supreme Court · 1846
  2. Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Newell v. . DotyNew York Court of Appeals · 1865
  4. Parker v. RochesterNew York Court of Chancery · 1820
  5. Williams v. StormThe Superior Court of New York City · 1853

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