Diehl v. Becker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William D. Sporborg, as administrator with the will annexed, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of May, 1918, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 28th day of May, 1918, denying appellant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The action was brought to recover a loan of $5,000 made by plaintiff to Ernest Gustav Hoffmann, now deceased. The *17appellant is the administrator with the will annexed of the estate of said Hoffmann. A motion was made by the defendant for judgment on the pleadings, consisting of the complaint and answer. From the order granting the motion an appeal was taken to this court, and we, by a divided court, reversed the order (178 App. Div. 12) upon the ground that the agreement for the loan of the money was not usurious. The case has now been tried, and the plaintiff has recovered judgment.…
2Cases cited3 opinions
- Titus v. . PooleNew York Court of Appeals · 1895
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Diehl v. BeckerAppellate Division of the Supreme Court of the State of New York · 1917