Williams v. Fitzhugh
New York Supreme Court
ON the 7th day of February, 1859, Allen Ayrault (the defendant’s testator) commenced an action in this court against the above named Ellery Gr. Williams and others, to recover the amount of a promissory note made by them, payable to his order, for the sum of $6000, dated July 5, 1854. The persons thus sued set up, by answer, that the note was void for usury; detailing with particularity the facts constituting it.
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ON the 7th day of February, 1859, Allen Ayrault (the defendant’s testator) commenced an action in this court against the above named Ellery Gr. Williams and others, to recover the amount of a promissory note made by them, payable to his order, for the sum of $6000, dated July 5, 1854. The persons thus sued set up, by answer, that the note was void for usury; detailing with particularity the facts constituting it. This answer is analyzed and condensed in 33 Barb. 238, where the case is reported as it came before this court for review. Among other things, it alleged that the note in suit was…
1Opinion of the Court
By the Court, B. Darwin Smith, J.
Most of the points made on the trial of this cause are not now open questions in this court. When this cause was before us on a former occasion it came up on appeal from the special term, where the complaint had been dismissed on the ground that so far as related to the promissory notes described in the complaint, the plaintiff had a perfect defense at law, and so far as related to the mortgage therein set forth, the court would not upon the allegations in the said complaint sustain an action to remove a cloud from the plaintiff’s title to land in Ohio, where…
2Cases cited1 opinion
- Bouchaud v. DiasNew York Supreme Court · 1846
3Cited by4 opinions
- Barker v. ClevelandMichigan Supreme Court · 1869
- Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897
- Warner v. MyersClackamas County Circuit Court, Oregon · 1870
- Person v. MattsonNorth Dakota Supreme Court · 1916