Staples v. Nott
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Oren G. Staples against Sylvester G-. Mott and Copley A. Mott upon a note, made by the defendant S. G. Mott, and indorsed by the defendant C. A. Mott, a copy of which is as follows: “$1,400. • Washington, D. C., April 5, 1889. “Six months after date I promise to pay to the order of C. A. Mott, fourteen hundred dollars, at Jeff. Co. Mat.
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Appeal from circuit court, Jefferson county. Action by Oren G. Staples against Sylvester G-. Mott and Copley A. Mott upon a note, made by the defendant S. G. Mott, and indorsed by the defendant C. A. Mott, a copy of which is as follows: “$1,400. • Washington, D. C., April 5, 1889. “Six months after date I promise to pay to the order of C. A. Mott, fourteen hundred dollars, at Jeff. Co. Mat. Bank, Watertown, M. Y., value received, with interest at 7 per cent, per annum until paid. S. G. Mott.” The defense is usury, in that the interest is 7 per cent. At the close of the evidence, the…
1Opinion of the CourtMerwin, J.
The facts in this case are in the main undisputed. So far as there is any dispute about them, the verdict as directed is to be treated as the verdict in fact of the jury, as no request was made to go to the jury. Dillon v. Cockroft, 90 N. Y. 649. At Washington, where the note purports to have been made, it was lawful for the parties to agree that the rate of interest should be 7 per cent. The appellant however claims that the question as to the validity of the agreement as to interest should be determined upon the theory that it was a Mew York contract, and therefore usurious. The…
2Cases cited18 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Cutler v. . WrightNew York Court of Appeals · 1860
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
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