Machimowitz v. Fine
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Joseph Machimowitz against Jacob -Fine and another. From a judgment for plaintiff, and from an order increasing it, defendant Fine appeals.
1Per curiam
The action is for $300, money loaned by plaintiff to defendant. The principal defense is usury, arising from the fact, as alleged, that defendants were required by plaintiff to pay him $3 a week interest, which amounted to 50 per cent, on the loan. The defendant Fine also claims that, upon the dissolution of the partnership of defendants, the debts were assumed by the other partner. The money was loaned on March 9, 1908, and was payable on demand, which demand was made on April 25, 1908, but no part of the principal has been paid. The trial justice apparently held that the appellant had paid…
2Cases cited4 opinions
- National Bank v. . LewisNew York Court of Appeals · 1878
- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
- Insky v. ChatkoffAppellate Terms of the Supreme Court of New York · 1903
- Public Bank v. BirnbaumAppellate Terms of the Supreme Court of New York · 1909
3Cited by1 opinion
- Prudential Paper Co. v. Ashland Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1931