Munn v. President & Directors of Commission Co.
New York Supreme Court
THIS was an action of assumpsit, on a bill of exchange, drawn by Herman Ruggles, in favour of Oliver Ruggles, or order, on Noyes Darling, as agent of the defendants, dated 26th of April, 1814, at sixty days after date, for 4,500 dollars. The bill was accepted by Darling, as agent, and was endorsed by Oliver Ruggles. The plaintiff was the holder of the bill.
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THIS was an action of assumpsit, on a bill of exchange, drawn by Herman Ruggles, in favour of Oliver Ruggles, or order, on Noyes Darling, as agent of the defendants, dated 26th of April, 1814, at sixty days after date, for 4,500 dollars. The bill was accepted by Darling, as agent, and was endorsed by Oliver Ruggles. The plaintiff was the holder of the bill. The cause was tried before Mr. J. Platt, at the New-York sittings, in December, 1815. ; shall be employed solely in advancBy the second section of the act of April 9th, 1813, (sess. 36. c. 150.) by which the defendants were constituted a…
1Opinion of the CourtSpencer, J.
The grounds on which the defendants resist the payment of the bill, in this case, are, 1 st. That Noyes Darling, the defendants’ agent, exceeded his authority in accepting the bill. 2d. That the bill is usurious.
This case has been twice argued, and, the last time, by the direction of the court. The second argument has been confined to the last point, whether the bill was void for usury. The court entertained no doubts on the first point, and the second argument has removed all doubts upon the second.(1) The defendants are a corporation, and had, it appears, duly constituted Darling their…
2Cases cited1 opinion
- Jones v. HakeNew York Supreme Court · 1800
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