Leary v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered on a decision of the court on trial without a jury. This action was brought against the defendant as indorser of a promissory note for $500, given by one John Coleman to the order of the defendant, and by him indorsed to the plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered on a decision of the court on trial without a jury. This action was brought against the defendant as indorser of a promissory note for $500, given by one John Coleman to the order of the defendant, and by him indorsed to the plaintiff. The complaint alleged that the note was taken by the plaintiff in renewal of a like note held by him, surrendered at maturity; that the first note was given for a loan of $500 made by the plaintiff to Coleman. The…
1Opinion of the Court
Lott, Ch. C.
The original loan and the note given therefor were not tainted with usury, and they were neither of them affected by the usury which the court found to have been taken by the plaintiff on the renewal of that note, or the substitution of the one in suit therefor. Such usury invalidated the last-mentioned note, and • therefore did not pay or extinguish the original indebtedness, nor the first note given therefor. The defendant was, therefore, clearly liable upon well-settled principles, not disputed by his counsel, for the amount of the recovery against him — being the amount of the…
2Cases cited1 opinion
- Cook v. . BarnesNew York Court of Appeals · 1867
3Cited by6 opinions
- First National Bank v. GridleyAppellate Division of the Supreme Court of the State of New York · 1906
- Clarke v. StumpfAppellate Division of the Supreme Court of the State of New York · 1920
- In re the Judicial Settlement of the Estate of RobertsNew York Surrogate's Court · 1911
- Lockport Exchange Trust Co. v. HydeNew York Court of Appeals · 1937
- Clarke v. StumpfAppellate Division of the Supreme Court of the State of New York · 1920
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