Allen v. Bodine
New York Supreme Court
Motion by the defendant for a new trial. The action was assumpsit, tried at the Cayuga circuit in February, 1846. The action was brought to recover the amount of a promissory note made by the defendant and one William Smith, payable to Silas Beardsley or bearer, for five hundred dollars, six months after date, with interest, and dated November 30, 1838. Smith had been discharged from his debts under the United States bankrupt law. The defence set up was usury.
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Motion by the defendant for a new trial. The action was assumpsit, tried at the Cayuga circuit in February, 1846. The action was brought to recover the amount of a promissory note made by the defendant and one William Smith, payable to Silas Beardsley or bearer, for five hundred dollars, six months after date, with interest, and dated November 30, 1838. Smith had been discharged from his debts under the United States bankrupt law. The defence set up was usury. It was claimed on the part of the defendant that the note in question was given to secure a loan made by the payee to the maker Smith,…
1Opinion of the Court
By the Court, Welles, J.
I think the questions of fact were all fairly submitted to the jury. Whatever criticism the ■ evidence of the witness Beardsley may be liable to, he was corroborated by his daughter, so far as her evidence went. It was exclusively a question for the jury; and I am not able to discover any misdirection. The only question that deserves serious consideration is whether the judge properly overruled the question put to Beardsley by the defendant’s counsel, whether Smith had been in the habit of making him presents on previous loans. The only point of view in which that…
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