Dunham v. Dey
New York Supreme Court
THIS was an action of ássumpsfy, brought by the plaintiff against the defendant, as endorser of a promissory note, dated the 8th of May, 1812, drawn by Matthias William Ward, for, 750 dollars, payable to the defendant, ten days after date, The cause Was tried at the New-York sittings, in April, 1814, before Mr*. J. Yates* , . The note in question was one, of several notes executed by M, & W. Ward, dated the 8th of May, 1812, and payable to different persons, at different…
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THIS was an action of ássumpsfy, brought by the plaintiff against the defendant, as endorser of a promissory note, dated the 8th of May, 1812, drawn by Matthias William Ward, for, 750 dollars, payable to the defendant, ten days after date, The cause Was tried at the New-York sittings, in April, 1814, before Mr*. J. Yates* , . The note in question was one, of several notes executed by M, & W. Ward, dated the 8th of May, 1812, and payable to different persons, at different periods ; in the whole amounting to 9,000 dollars, These notes were delivered by M. 8r W* Ward to the plaintiff, in…
1Opinion of the CourtSpencer, J.
If the case was correctly submitted 'to the jury, there is an end of the question; for, certainly, they have considered the transaction- as usurious. The. plaintiff’s counsel complain, that the judge, at first, permitted them to go into .evidence of usage; and then. withdrew it from the cdhsideration of-the jury; arid they now-insist that proof of usage was admissible, to show, that the transaction was not intended as a cover for usury, and that, the-proof-having been given; the jury ought to have been permitted to take -if iri.to consideration, in deliberating oti; their Verdict. 1 They…
2Cited by16 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- Ferguson v. SutphenIllinois Supreme Court · 1846
- White v. AndersonMissouri Court of Appeals · 1912
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