Getman v. . Second National Bank of Oswego
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made at the June term, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. The nature of the action and the material facts appear in the opinion.
1Opinion of the CourtFinch, J.
The plaintiff, as assignee in bankruptcy of George Ames, sued upon sixty-four causes of action, each of which alleged that the defendant had charged and received usurious rates of interest on loans and discounts to Ames, and the firm of Ames & Tanner, whereby the bank became liable to refund double the amount under the act of Congress. These causes of action were met and answered by proof that they had been fully paid and satisfied, and the liability of the bank therefor released and discharged by the assignor before the commencement of the proceedings in bankruptcy. That proof was made by…
2Cases cited1 opinion
- Guernsey v. . MillerNew York Court of Appeals · 1880
3Cited by2 opinions
- Wall v. Metropolitan Stock ExchangeMassachusetts Supreme Judicial Court · 1897
- In re the Estate of FinnNew York Surrogate's Court · 1904