Heely v. Barnes
New York Supreme Court
Error to Herkimer O. P. Heely sued Barnes before a justice, and declared upon a joint and several promissory note for $15,17, made by the defendant and Jonas Blackman, and payable to the plaintiff. The defence was usury. The defendant called Blackman as a witness: the plaintiff objected to him on the ground of interest; but the objection was overruled. Black-man proved that the note was given upon a usurious loan of money.
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Error to Herkimer O. P. Heely sued Barnes before a justice, and declared upon a joint and several promissory note for $15,17, made by the defendant and Jonas Blackman, and payable to the plaintiff. The defence was usury. The defendant called Blackman as a witness: the plaintiff objected to him on the ground of interest; but the objection was overruled. Black-man proved that the note was given upon a usurious loan of money. The witness further proved that he borrowed the money, and was the principal debtor; and that the defendant signed the note as a surety for the witness. The cause was…
1Opinion of the Court
By the Court, Bronson, Ch. J.
When the witness was called, there was nothing to show that it was not a case of balanced in *74terest; and consequently the objection which the plaintiff then made was properly overruled. But when it came out that the witness was the principal debtor, and thedéfendant only a surety, the interest was established ,• for the witness was bound to indemnify the defendant against costs, as well as damages. If the plaintiff had then moved to strike out the testimony of the witness on the ground of interest, it would have been the duty of the justice to strike it out. But…
2Cited by3 opinions
- Damon v. CarrolMassachusetts Supreme Judicial Court · 1895
- Thompson v. AckermanOhio Circuit Courts · 1901
- Thompson v. AckermanAllen Circuit Court · 1901