Smith v. I. Brush
New York Supreme Court
THIS was an action of debt, on a bond for the penal sum 4,000 dollars, dated January 1st, 1808. -^e defendants pleaded the general issue and usury, with notice, The cause was tried at the Dutchess circuit in Septem1 hev^ 1810, before the Chief Justice* To prove the usury, E. Brush testified, that he was *n the office of the defendant, L Brush, about 9 o’clock ™ ^le evening of the 31st January, 1810, in bed, when the plaintiff and I Brush came in and conversed together x e u…
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THIS was an action of debt, on a bond for the penal sum 4,000 dollars, dated January 1st, 1808. -^e defendants pleaded the general issue and usury, with notice, The cause was tried at the Dutchess circuit in Septem1 hev^ 1810, before the Chief Justice* To prove the usury, E. Brush testified, that he was *n the office of the defendant, L Brush, about 9 o’clock ™ ^le evening of the 31st January, 1810, in bed, when the plaintiff and I Brush came in and conversed together x e u about the bond, which the witness understood to be the bond in question ; and the defendant, I. Brush, said to the…
1Per curiam
This is a hard defence. The defendants attempt to defeat the plaintiff, in recovering 1,816 dollars and 28 cents, confessedly due him. They have had a chance to do so. The jury have disbelieved the testimony of the witness, by whom the usury was to be proved, and it cannot be said, that there were not suspicious circumstances ; the time, the place, and the nearness of the defendants’ connection with the witness, were all proper subjects of consideration, by the jury.
It appears that the evidence of the usury varied substantially from the usury pleaded, or given notice of. Neither the plea nor…
2Cases cited1 opinion
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
3Cited by12 opinions
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- Alsop v. Commercial Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1833
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