Braine v. Rosswog
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Julie Rosswog, 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 13th day of April, 1896. upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendant, Julie Rosswog, 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 13th day of April, 1896. upon the decision of the court rendered after a trial at the New York Special Term. The action was brought by the plaintiff to have declared void and surrendered up to her to be canceled a certain promissory note made by her to the defendant’s order on the 21st day of April, 1893, and a chattel mortgage to secure payment of the same, executed the same day: The negotiations leading up to the loan…
1Opinion of the Court
Barrett, J.:
There was evidence in this case, of a circumstantial nature, to-warrant the findings of the learned trial judge. This evidence went-far beyond mere-surmise or conjecture. The inferences therefrom were certain, and they -pointed clearly and directly to the usury charged, We entirely agree with the view of the law presented upon the appellant’s behalf. It is not sufficient for the plaintiff to show that the loan was made by the agent of the lender, and that this agent exacted and received a bonus over and above the legal interest. It is undoubtedly the rule that the plaintiff must…
2Cited by8 opinions
- Brown v. JonesNew York Supreme Court · 1915
- Bliss v. SherrillAppellate Division of the Supreme Court of the State of New York · 1897
- Vaughan v. Peoples Mortgage Co.California Court of Appeal · 1933
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1914
- Searl v. EarllDistrict of Columbia Court of Appeals · 1948
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