Cutler v. . Wright
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note, made by the defendant and one Dardin, dated at Apalachicola, in Florida, October 11,1841, and payable, at the same place, May 1, 1844, for the sum of $800 and interest at the rate of eight per cent, to Lewis Curtis and others, trustees, and by them indorsed to the plaintiff’s intestate. Two defences were interposed: 1st, the statute of limitations; and, 2d, usury.
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Appeal from the Supreme Court. Action upon a promissory note, made by the defendant and one Dardin, dated at Apalachicola, in Florida, October 11,1841, and payable, at the same place, May 1, 1844, for the sum of $800 and interest at the rate of eight per cent, to Lewis Curtis and others, trustees, and by them indorsed to the plaintiff’s intestate. Two defences were interposed: 1st, the statute of limitations; and, 2d, usury. To sustain the first defence, the defendant alleged in his answer that this action was not commenced within six years after the note became due and payable; and, to…
1Opinion of the Court
The defence of usury presents, I think, no serious embarrassment to the plaintiff's recovering. The note upon which this action is brought is dated and made payable in Florida; and, although it was actually made and executed in this State, it is to be regarded as a Florida contract. In Curtis v. Leavitt (15 N.Y., 88), it is said, the authorities do not leave this question in doubt. (See authorities there cited. See, also,S.C., 30, 296.)
It is not set up in the answer that, by the laws of Florida, this contract was usurious, and therefore void. The allegation that it was usurious and void by…
2Cases cited4 opinions
- Cole v. . JessupNew York Court of Appeals · 1854
- Denny v. . SmithNew York Court of Appeals · 1859
- Brown v. DelafieldCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hackley v. DraperNew York Court of Appeals · 1875
3Cited by52 opinions
- Harris v. . WhiteNew York Court of Appeals · 1880
- Reger v. O'NealWest Virginia Supreme Court · 1889
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Zwirn v. GalentoNew York Court of Appeals · 1942
- Cubbedge, Hazlehurst & Co. v. NapierSupreme Court of Alabama · 1878
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