Burns v. Howard
New York Supreme Court
Trial by the court. This action was brought by Charles J. Bums against William W. Howard to cancel a note, and chattel mortgage, which was given to secure it, on the ground of usury.
1Opinion of the CourtRumsey, J.
After this action was brought the note fell due, and Howard, the defendant here, brought suit against Bums, the plaintiff here, upon the note, in a court of a justice of the peace having jurisdiction. Burns appeared in that suit, pleaded the usury, and went to trial on that issue. The justice testifies that the question of usury was the only one litigated before him ; and that, after hearing the testimony of the par*323ties, he found for the plaintiff (Howard) on the issue before him, and rendered judgment for the amount of the note, and costs. Howard presents this judgment as conclusive evidence…
2Cases cited11 opinions
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Bank of North America v. WheelerSupreme Court of Connecticut · 1859
- Thurston v. . CornellNew York Court of Appeals · 1868
- Bellinger v. CraigueNew York Supreme Court · 1860
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3Cited by8 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Prescott v. BrooksNorth Dakota Supreme Court · 1902
- Crandell v. BickerdNew York Supreme Court · 1900
- Miller v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1909
- Cochrane v. CornwellAppellate Division of the Supreme Court of the State of New York · 1914
3 more not listed; retrieve them via the Exa API.