Ludington v. Kirk
Appellate Terms of the Supreme Court of New York
Appeal from affirmance by General Term of the City Court of Hew York of a judgment rendered by direction of the court at Trial Term in favor of the plaintiff. Action upon promissory note.
1Opinion of the CourtBischoff, J.
This action is brought against the defendants, members of a copartnership, as indorsers of a promissory note made by a certain corporation and transferred before maturity, and for value, to the plaintiff, the defendants’ firm being the payee of the note.
The instrument in suit was received by the plaintiff in renewal of a nóte also made by this corporation and the defense- was usury, based upon the fact that the plaintiff’s agent personally received a payment over and above the amount of interest, or rate of discount, due upon the renewal. -
That this transaction did not amount to an agreement…
2Cases cited5 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Philips v. . MacKellarNew York Court of Appeals · 1883
- Stewart v. . BramhallNew York Court of Appeals · 1878
- Mason v. AnthonyNew York Court of Appeals · 1867
- Ingalls v. LeeNew York Supreme Court · 1850
3Cited by3 opinions
- Rockmore v. EpsteinNew York Supreme Court · 1926
- Pardee v. FetterMichigan Supreme Court · 1956
- Pardee v. FetterMichigan Supreme Court · 1956