Klar v. Kostiuk
Appellate Terms of the Supreme Court of New York
Appeal by the defendants Goodman Kostiuk and Morris Kostiuk from a judgment of the City Court of the city of New York, entered in favor of the plaintiffs upon the verdict of a jury; and also from an order denying a motion to set aside the verdict.
1Opinion of the CourtGildersleeve, J.
This action is brought on a promissory note for the sum of $1,500, payable in six months, with in*200terest, made by the defendant Goodman Kostiuk to the order of the defendant Kamber, and indorsed by the said Kamber and the defendants Samuel Kamlet and Morris Kostiuk.
The action was defended by Goodman Kostiuk, the maker, and Morris Kostiuk, an indorser. These defendants answered jointly and set up the defense of usury. A usurious agreement is alleged between Goodman Kostiuk and the defendant Samuel Kamlet, whereby $150 was paid by the borrower and received by the lender as interest on the loan…
2Cases cited4 opinions
- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
- Claflin v. . BoorumNew York Court of Appeals · 1890
- Schlesinger v. KellyAppellate Division of the Supreme Court of the State of New York · 1906
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
3Cited by5 opinions
- Sabine v. PaineAppellate Division of the Supreme Court of the State of New York · 1915
- Kennedy v. HeymanAppellate Division of the Supreme Court of the State of New York · 1918
- Emanuel v. MisickiAppellate Terms of the Supreme Court of New York · 1914
- Oeser & Co. v. BehrendAppellate Terms of the Supreme Court of New York · 1915
- Hanauer v. SmithAppellate Division of the Supreme Court of the State of New York · 1921