Le Baron v. Van Brunt
New York Court of Common Pleas
Appeal from a judgment of the general term of the marine court of the city of New York* affirming-a judgment of that court entered upon the findings of a justice upon trial by the court without a jury.' The action was brought upon a promissory note held by the plaintiff, and which was made by the defendant Thomas C. Van Brunt to the order of the defendants, George W. Smith and Edward S. Ferris, under their firm name of Geo. W. Smith & Co., and indorsed by them.
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Appeal from a judgment of the general term of the marine court of the city of New York* affirming-a judgment of that court entered upon the findings of a justice upon trial by the court without a jury.' The action was brought upon a promissory note held by the plaintiff, and which was made by the defendant Thomas C. Van Brunt to the order of the defendants, George W. Smith and Edward S. Ferris, under their firm name of Geo. W. Smith & Co., and indorsed by them. The facts are stated in the opinion of Daly, Ch. J. At the trial a jury was waived by consent of the parties, and the justice…
1ConcurrenceVan Hoesen, J.
I concur with the chief justice in the
opinion he has expressed as to the facts and the law. In this case it appears that Van Brunt made the note in suit in New York, and that he himself used it here, by having it discounted at a usurious rate by Ahearn. It is true that the note was made payable in New Jersey, where Van Brunt resided, but that does not, as the marine court erroneously decided, require that the validity of the note should be determined by the usury laws of \New Jersey. In Dickinson v. Edwards (77 N. Y. 573), the law is said to bé that if the maker of a note sends it, or…
2Cases cited6 opinions
- Tilden v. BlairSupreme Court of the United States · 1875
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Wayne County Savings Bank v. LowNew York Court of Common Pleas · 1878
- Hildreth v. ShepardNew York Supreme Court · 1873
- Providence County Sav. Bank v. FrostU.S. Circuit Court for the District of Southern New York · 1877
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