Perkins v. . Smith
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order, made June 1, 1886, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial at Special Term.
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Appeal from a judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order, made June 1, 1886, which affirmed a judgment in favor of plaintiffs, entered on a decision of the court on trial at Special Term. This action was begun January 7, 1885, to foreclose a mortgage executed February 13, 1884, by George B. Smith to Erickson, Jennings & Co., as a continuing security for all sums not exceeding $10,000, which the mortgagor might owe the mortgagees at any time within ten years after the date of the mortgage. The plaintiffs, who are the surviving…
1Opinion of the Court
Follett, Ch. J.
Are loans made for more than the legal rate of interest by persons and firms engaged in banking, but who are not “ individual bankers,” as defined by chapter 409, Laws of 1882, exempted by sections 68 and 69 of that act, from the effect of the usury statutes of this state when the loans are made in usual course of such business ? A brief statement of the causes which led to the introduction into the law of this state of the exemption referred to will aid in determining whether the plaintiffs are of the class of bankers described in and relieved by those sections from the…
2Cases cited3 opinions
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
- The People v. . DotyNew York Court of Appeals · 1880
- Phelps v. RaceyNew York Court of Appeals · 1875
3Cited by41 opinions
- Lewis v. StateCourt of Criminal Appeals of Texas · 1910
- Claim of Bell v. Terry & Tench Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Bryan v. BullockSupreme Court of Florida · 1922
- People v. . WainwrightNew York Court of Appeals · 1924
- Smrekar v. Jones & Laughlin Steel Corp.Superior Court of Pennsylvania · 1939
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