Orvis v. Curtiss
New York Court of Common Pleas
Appeal from Eleventh district court Action by Charles E. Orvis against William H. Curtiss to recover the first installment of interest due on a note. A judgment was entered in favor of plaintiff, and defendant appeals. The action was brought to recover six months’ interest, due July 3. 1893, upon the following promissory note: “$4,000. New York, Jan. 3, 1893. “Three years after date I promise to pay to the order of Chas.
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Appeal from Eleventh district court Action by Charles E. Orvis against William H. Curtiss to recover the first installment of interest due on a note. A judgment was entered in favor of plaintiff, and defendant appeals. The action was brought to recover six months’ interest, due July 3. 1893, upon the following promissory note: “$4,000. New York, Jan. 3, 1893. “Three years after date I promise to pay to the order of Chas. E. Orvis four thousand dollars, at Orvis Bros. & Co., interest to be paid semiannually, at rate of five per cent, per annum. Value received. W. H. Curtiss.” The above note…
1Opinion of the Court
DALY, O. J.
The plaintiff and defendant operated under the agreement of January 3, 1887, and the result was a loss, which de fendant fully paid up to plaintiff’s firm. The plaintiff then claimed the sum of 15,000 under the guaranty in the sixth clause of the agreement. Such claim remained unsettled until about January 3, 1893, when it was settled between the parties by defendant giving the note, bearing interest, which is the basis of the claim in this ■action. The defense upon the trial was that the agreement of 1887 by. which 15,000 of profits were, guarantied to the plaintiff was usurious,…
2Cases cited3 opinions
- More v. HowlandNew York Supreme Court · 1847
- Treadwell v. . ArcherNew York Court of Appeals · 1879
- Payne v. . FreerNew York Court of Appeals · 1883
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- Goodman v. OlsenDistrict Court of Appeal of Florida · 1978
- Markus v. KenneallyAppellate Terms of the Supreme Court of New York · 1897
- Brown v. FletcherCourt of Appeals for the Second Circuit · 1918