Farish v. Corlies
New York Court of Common Pleas
Appeal by defendants from an order made at Special Term, denying a motion to open a default. The complaint was upon a promissory note made by John B. Corlies, and endorsed by Henry A. Burt. The defendant Oorlies answered, setting up that the indorsement was merely for accommodation, and that the note was taken by the plaintiff from him on a usurious consideration.
Read the full summary
Appeal by defendants from an order made at Special Term, denying a motion to open a default. The complaint was upon a promissory note made by John B. Corlies, and endorsed by Henry A. Burt. The defendant Oorlies answered, setting up that the indorsement was merely for accommodation, and that the note was taken by the plaintiff from him on a usurious consideration. The defendant Burt also set up that this indorsement was for accommodation merely, and usury, and also denied any knowledge or belief of presentment or protest. An order was obtained by the plaintiff to place the causé on the…
1Opinion of the Court
By the Court.
Daly, F. J.
The application to set aside the judgment which was regularly taken by default, was properly denied. The defence set up by the answer was usury, which, though a defence, as a matter of strict right is regarded as one of the most unconscionable, because the party setting it up not only defeats the claim for usurious interest, but in this State, secures for his own benefit, the forfeiture of the entire debt. It is distinguishable in this respect from the defence of the statute of limitation, where, if the creditor is cut off by the statutory presumption of payment from…
2Cases cited3 opinions
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
- Allen v. MapesNew York Supreme Court · 1839
- Fort v. . BardNew York Court of Appeals · 1847
3Cited by2 opinions
- Ramsey v. GouldNew York Supreme Court · 1871
- Bancroft-Graham v. HalleyCity of New York Municipal Court · 1913