Morford v. . Davis
New York Court of Appeals
Appeal from the Supreme Court. The action was brought against Davis and John P. Westervelt, as indorsers of a promissory note made by one Haskin, on the 2d day of February, 1857, for $>2500, payable to the order of Westervelt six months after date. In the complaint it was alleged that the note was indorsed by Westervelt, the payee, to 'Davis, by Davis to Hoxon, and by Noxon to the plaintiffs.
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Appeal from the Supreme Court. The action was brought against Davis and John P. Westervelt, as indorsers of a promissory note made by one Haskin, on the 2d day of February, 1857, for $>2500, payable to the order of Westervelt six months after date. In the complaint it was alleged that the note was indorsed by Westervelt, the payee, to 'Davis, by Davis to Hoxon, and by Noxon to the plaintiffs. That when it became due it was duly presented' for payment to Haskin, and payment demanded; that it was not paid, and due notice of the default was given to the indorsers. That the plaintiffs were the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Usury is a defense which can not be made available on the trial of a cause, unless it be pleaded; and the answer of Davis not showing that the contract of transfer and indorsement of the note by him to Noxon was usurious, the evidence tending to prove that fact was properly rejected. (Gould v. Horner, 12 Barb. 601;Watson v. Bailey, 2 Duer, 509.)
The contract of indorsement, made by Davis, had no connection whatever with the usurious contract between Westervelt…
2Cases cited4 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Gould v. HornerNew York Supreme Court · 1852
- Watson v. BaileyThe Superior Court of New York City · 1853
3Cited by8 opinions
- Wachovia Bank & Trust Co. v. CraftonSupreme Court of North Carolina · 1921
- Molloy v. . Village of Briarcliff ManorNew York Court of Appeals · 1916
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
- Paddock v. FishDistrict Court, S.D. New York · 1882
- Quast v. . Fidelity Mutual Life Ins. Co.New York Court of Appeals · 1919
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