Jennings v. Kosmak
Appellate Terms of the Supreme Court of New York
Appeal, from affirmance by the City Court, General Term, of a judgment in favor of plaintiff.
1Opinion of the CourtMcAdam, J.
The action was on a promissory note for $480 made by Louisa Bauer and indorsed by the defendant Kosmak. The defense was usury.
It appeared at the trial that the plaintiff paid Bauer $900 for the note in suit and another made by Bauer and. indorsed by one Horn for $560; that the note in suit was indorsed by the defendant Kosmak for the accommodation of Mrs. Bauer, so that it had no inception until discounted by the plaintiff, and it is upon this ground that the defendant, urges the transaction was usurious.
The note indorsed by Horn was similar in form to the one in suit; and while it does not…
2Cases cited14 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Chesebrough v. . ConoverNew York Court of Appeals · 1893
- Greene v. . WhiteNew York Court of Appeals · 1867
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3Cited by2 opinions
- Simpson v. MillerOregon Supreme Court · 1910
- Davison v. HerringAppellate Division of the Supreme Court of the State of New York · 1897