Truscott v. Davis
New York Supreme Court
Motion by the plaintiff for a new trial, on a bill of exceptions. The cause was tried before the late circuit judge of the 8th circuit. The action was brought to recover the amount of a promissory note made by the defendant Robinson, payable to the order of the defendant Davis, and by him endorsed to the plaintiff.
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Motion by the plaintiff for a new trial, on a bill of exceptions. The cause was tried before the late circuit judge of the 8th circuit. The action was brought to recover the amount of a promissory note made by the defendant Robinson, payable to the order of the defendant Davis, and by him endorsed to the plaintiff. It was proved that the note was lent by Robinson to Davis, to enable him to raise money, and that the plaintiff purchased it of Davis at a usurious rate of interest; the note having no inception till it passed to the plaintiff. It appeared also that Davis, at the time of the sale,…
1Opinion of the Court
Sill, J. Early
decisions in this state held a party to a note incompetent to prove it void in its inception. It has been so held also in England, and is now the rule in some of the states. But the contrary doctrine has been too often sanctioned and too long acted upon in this state, to be now questioned in this court. The exception to the competency of Davis as a witness for Robinson, cannot be sustained.
The case of Holmes v. Williams, (10 Paige, 326,) is cited by the plaintiff to show that this transaction was not usurious, as between Trescott and Davis. In that case the defendant purchased…
2Cases cited6 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- Munn v. President & Directors of Commission Co.New York Supreme Court · 1818
- Dowe v. SchuttNew York Supreme Court · 1846
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Brown v. MottNew York Supreme Court · 1811
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3Cited by19 opinions
- Payne v. . BurnhamNew York Court of Appeals · 1875
- The Bank of Genesee v. . the Patchin BankNew York Court of Appeals · 1855
- Ferguson v. HamiltonNew York Supreme Court · 1862
- Nicholas v. AustinSupreme Court of Virginia · 1887
- Mason v. AnthonyNew York Court of Appeals · 1867
14 more not listed; retrieve them via the Exa API.