Bowen v. Bradley
Superior Court of Buffalo
Appeal by plaintiffs from a judgment entered upon the report of a referee, in favor of the defendants. The action was brought by Bowen and Bowen upon a promissory note, made by the defendant, Bradley, dated Buffalo, February 39, 1869, for two thousand two hundred and forty-five dollars, payable to the order of the defendant, Briggs, nine months after date, at a bank in the city of Buffalo, N. Y., and indorsed by defendant, Briggs.
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Appeal by plaintiffs from a judgment entered upon the report of a referee, in favor of the defendants. The action was brought by Bowen and Bowen upon a promissory note, made by the defendant, Bradley, dated Buffalo, February 39, 1869, for two thousand two hundred and forty-five dollars, payable to the order of the defendant, Briggs, nine months after date, at a bank in the city of Buffalo, N. Y., and indorsed by defendant, Briggs. The defense was usury under the laws of the State of Mew York. The referee found that the plaintiffs resided, and were commission merchants, at the city of Chicago,…
1Opinion of the Court
By the Court.*—Masten, J.
The precise question now presented for our consideration, was decided by this court in 1866, in the case of Moss v. Rainey. The case of Jewell v. Wright (30 N. Y., 259; S. C., 18 Abb. Pr., 80), is in conflict with our decision, and supports the judgment of the referee.
Being fully persuaded that the, decision of this court in Moss v. Rainey was right, I procured the printed papers upon which Jewell v. Wright was presented to, and disposed of, by the court of appeals, to see if there was any error in the report of it. From these papers it appears that the complaint was…
2Cases cited11 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Pratt v. AdamsNew York Court of Chancery · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Jewell v. . WrightNew York Court of Appeals · 1864
- Peck v. Mayo, Follett & Co.Supreme Court of Vermont · 1842
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