Rice v. Welling & Fake
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit, in June, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration was on a promissory note for $300 with interest given by the defendants to the plaintiff, dated llt'h August, 1828, and payable in six months; it also contained money counts. The defence was usury.
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This was an action of assumpsit, tried at the Rensselaer circuit, in June, 1829, before the Hon. William A. Duer, then one of the circuit judges. The declaration was on a promissory note for $300 with interest given by the defendants to the plaintiff, dated llt'h August, 1828, and payable in six months; it also contained money counts. The defence was usury. One Williams was indebted to the plaintiff by bond and mortgage, the amount due on which, on 11th August, 1828, was $303,28. Welling, one of the above defendants, was indebted to one Akin, and Akin was indebted to Williams, and by an…
1Opinion of the Court
By the Court,
Sutherland, J.
The jury in this case have found that the note on which the suit was brought was usurious. In the opinion of the court the evidence would have warranted a differrent verdict; but it was a pure question of fact, not free from doubt, and peculiarly proper for the determination of a jury. We cannot, therefore, with pro*597priety, interfere with the verdict as being against the weight of evidence.
The only question, therefore, upon the merits of the case, is whether the plaintiff was entitled to recover in this action under his common counts, upon the original consideration…
2Cases cited1 opinion
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1814
3Cited by30 opinions
- Burnhisel v. FirmanSupreme Court of the United States · 1875
- Hammond v. HoppingNew York Supreme Court · 1835
- Robinson v. . StewartNew York Court of Appeals · 1854
- Patterson v. . BirdsallNew York Court of Appeals · 1876
- Real Estate Trust Company v. . KeechNew York Court of Appeals · 1877
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