Stanley v. Whitney
New York Supreme Court
THIS action was brought by the plaintiff, as surviving administrator of Luther Stanley, deceased, upon a bond executed to the intestate by-the defendant, conditioned for the payment of $907.49, with interest.
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THIS action was brought by the plaintiff, as surviving administrator of Luther Stanley, deceased, upon a bond executed to the intestate by-the defendant, conditioned for the payment of $907.49, with interest. The defense .was usury, the ^answer alleging that the; defendant executed a promissory note to the intestate, for $896, which was usurious, and that the bond in question and a mortgage accompanying the same were given to take up the note, and as a substituted security for the original debt. The action was tried at the Livingston circuit, in October, 1865, and the jury found a verdict for…
1Opinion of the Court
By the Court, Johnson, J.
There was evidence tending to show that the note was usurious, and also that the bond and mortgage in question were given in lieu of the note, and to secure the same debt, independent of the testimony of the defendant. It was clearly enough for the defendant to show that the note was usurious, and then to show, in addition, that the bond and mortgage were executed and delivered by the defendant to the intestate to take up the note, and as a substituted security for the indebtedness thus tainted. ' When those facts appeared, the inference necessarily and inevitably…
2Cited by9 opinions
- Anderson v. CranmerWest Virginia Supreme Court · 1877
- Owens v. Owens's Adm'rWest Virginia Supreme Court · 1878
- Fouse v. GilfillanWest Virginia Supreme Court · 1898
- Poling v. HuffmanWest Virginia Supreme Court · 1900
- Strong v. DeanNew York Supreme Court · 1869
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