Jones v. Hake
New York Supreme Court
This was an aeiion of assumpsit, on a promissory note drawn by Charles Watkins in favor of the defendant, indorsed by him, Barber and Griffin, and Peter A. Schenek, and which note, afterwards, came into the hands of the plaintiff. The cause was tried at the last sittings in New York, before the Chief Justice.
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This was an aeiion of assumpsit, on a promissory note drawn by Charles Watkins in favor of the defendant, indorsed by him, Barber and Griffin, and Peter A. Schenek, and which note, afterwards, came into the hands of the plaintiff. The cause was tried at the last sittings in New York, before the Chief Justice. The defence set up was, that the note was usurious, and therefore void. it was proved by a witness for the defendant, that Watkins, the maker of the note, in order to raise money, sent it to one Haskin, a money broker, who had often ' obtained money for him before. When the witness first…
1Opinion of the CourtRadcliff, J.
Considering this case as depending upon. the testimony admitted at the trial, I am of opinion that the verdict was clearly against evidence. The note in question was made by Watkins, and indorsed by the persons whose names appear on it, for the accommodation of Watkins alone. No money was paid, or value given, by any of the indorsers. If the transaction be viewed in its true light, it was a contract, made through the agency of Haskiu, between Watkins on the one part, and the person who loaned the money, and took the note as his security, on the other. The lender was in reality, the first…
2Cases cited5 opinions
- Milward v. HallettNew York Supreme Court · 1804
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