Graves v. . Dudley
New York Court of Appeals
Appeal from the Supreme Court. Action to recover possession of several bank bills amounting to §250. On the trial at the Essex Circuit, before Mr. Justice Bocees, the case proved was this: The plaintiff had negotiated with Boyal Dudley and Levi G. Dudley, brothers of the defendant, in respect to a loan of §250 to be made by him to them upon usurious terms.
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Appeal from the Supreme Court. Action to recover possession of several bank bills amounting to §250. On the trial at the Essex Circuit, before Mr. Justice Bocees, the case proved was this: The plaintiff had negotiated with Boyal Dudley and Levi G. Dudley, brothers of the defendant, in respect to a loan of §250 to be made by him to them upon usurious terms. The loan was to be secured by the conveyance of certain lands to the plaintiff, with an agreement for re-conveyance upon payment. The deeds and contract were drawn by the defendant, acting as the agent of his brothers. The? were executed…
1Opinion of the CourtGrover, J.
The objection of the defendant’s counsel to proof of what was said at the time of the receipt of the money by the defendant was well taken. The writing given by the defendant to the plaintiff was, as finally held by the judge, more than a receipt, and was the only admissible evidence as to the purpose for which the money was received; and upon its construction depends the title thereto; This could not be affected by parol proof. There was no material evidence given under the ruling, and consequently the exception became nugatory.
It is insisted by the defendant’s counsel that the plaintiff…
2Cases cited1 opinion
- Commercial Bank v. HughesNew York Supreme Court · 1837
3Cited by19 opinions
- Berry v. AndersonIndiana Supreme Court · 1864
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Dowdy v. CalviArizona Supreme Court · 1912
- Davin v. DowlingWashington Supreme Court · 1927
- Sawyer v. SauerSupreme Court of Kansas · 1872
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