Algur v. . Gardner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a promissory note for $200, made by the defendant, payable to Mott Warner, or bearer, one year from date, with interest. The defence was usury.
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Appeal from judgment of the General Term of the Supreme Court in the eighth judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought upon a promissory note for $200, made by the defendant, payable to Mott Warner, or bearer, one year from date, with interest. The defence was usury. The note was given upon a loan of money by defendant, Gardner, of Watson, the payee, which loan was negotiated by Nancy Childs, as agent for the payee. It appeared that Mrs. Childs was employed by Watson to effect loans for him; she being authorized only to make…
1Opinion of the Court
Reynolds, C.
If the evidence of the defendant Gardner was true, the note was plainly usurious. If, on the contrary, the evidence of Mrs. Childs is to be credited, there was no usury in the transaction. This was the only issue made by the pleadings and evidence, and upon it alone the ease should have been left to the jury.
The learned judge before whom the cause was tried, however, instructed the jury that if “ Watson authorized Mrs. Childs to make the loan at lawful interest only, and she as his agent made the loan to Gardner at lawful interest, Gardner knowing that she acted as such agent, and…
2Cases cited2 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Small v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by13 opinions
- C. B. Rogers Co. v. Meinhardt Bros. & Co.Supreme Court of Florida · 1896
- Estevez v. . PurdyNew York Court of Appeals · 1876
- Wyeth v. . BraniffNew York Court of Appeals · 1881
- Brown v. JohnsonUtah Supreme Court · 1913
- Bliss v. SherrillAppellate Division of the Supreme Court of the State of New York · 1897
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