Bell v. . Day
New York Court of Appeals
This was an action on a promissory note; defense, usury. The action was brought by one Charlotte Earle, the payee of the note. Since the recovery'and affirmance of the judgments in the courts below, Mrs. Earle has died, and the appellants, who are her administratrices, have been substituted. It appeared in substance on the trial that Mrs. Earle had one thousand dollars in gold, which she desired to loan on bond and mortgage.
Read the full summary
This was an action on a promissory note; defense, usury. The action was brought by one Charlotte Earle, the payee of the note. Since the recovery'and affirmance of the judgments in the courts below, Mrs. Earle has died, and the appellants, who are her administratrices, have been substituted. It appeared in substance on the trial that Mrs. Earle had one thousand dollars in gold, which she desired to loan on bond and mortgage. That one Glover was, and for several years had been, her general agent. That application was made to him on behalf of defendant, Day (who was the principal in the note),…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The court below, in reversing the order for a new trial made by the judge at circuit, distinguished this case from Condit v.Baldwin (21 N.Y., 219), and held that neither the charge as given nor the request to charge raised the point involved in that case. The conviction of the learned justice, by whom the opinion of the court below was pronounced, that "the doctrine of Condit v. Baldwin is somewhat novel and difficult to sustain, and for that reason should not…
2Cases cited7 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Owings v. HullSupreme Court of the United States · 1835
- Condit v. . BaldwinNew York Court of Appeals · 1860
- New York Firemen Insurance v. ElyNew York Supreme Court · 1824
- Austin v. HarringtonSupreme Court of Vermont · 1855
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Call v. PalmerSupreme Court of the United States · 1885
- Smith v. . TracyNew York Court of Appeals · 1867
- Wedgewood Care Ctr., Inc. v. KravitzAppellate Division of the Supreme Court of the State of New York · 2021
- Payne v. NewcombIllinois Supreme Court · 1881
- Vahlberg v. KeatonSupreme Court of Arkansas · 1889
12 more not listed; retrieve them via the Exa API.