Thomas v. . Murray
New York Court of Appeals
The action was on a note of Murray & Mattimore for $356.97, made on the 16th of September,' 1857, and payable two months from date. The defense was usury. The cause was tried before Judge Johhsoh at the Steuben Circuit, and the jury found a verdict for the plaintiffs. Bo motion was made for a new trial on the facts; but the judgment was reversed on appeal for supposed errors in the charge and refusals to charge.
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The action was on a note of Murray & Mattimore for $356.97, made on the 16th of September,' 1857, and payable two months from date. The defense was usury. The cause was tried before Judge Johhsoh at the Steuben Circuit, and the jury found a verdict for the plaintiffs. Bo motion was made for a new trial on the facts; but the judgment was reversed on appeal for supposed errors in the charge and refusals to charge. The facts rested mainly on the conflicting testimony of Murray, the maker of the note, and J. M. Wood, the- party to whom it was negotiated. Murray’s version of the matter was this:…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The borrower and the lender were both sworn on the trial. Their versions of the transaction were widely different. If that of the borrower was entitled to credit, it was a plain case of usury. If that of the lender be accepted as the truth, the jury were authorized to find, as they did, that there was no usurious agreement or…
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