Oeser & Co. v. Behrend
Appellate Terms of the Supreme Court of New York
Appeal by defendants from a judgment of the City Court of the city of New York, entered on a verdict directed for plaintiff and an order denying a motion for a new trial.
1Opinion of the CourtShearn, J.
In an. action on a promissory note brought by a bona fide holder in due course for value before maturity the defendants, the makers of the note, plead usury. It has been twice held by this court that the defense of usury is not available in such a case, under section 96 of the Negotiable Instruments Law (Laws of 1897, chap. 612). Klar v. Kostiuk, 65 Misc. Rep. 199; Emanuel v. Misicki, 149 N. Y. Supp. 905. See, also, Crusins v. Seigman, 81 Misc. Rep. 367.
It is especially important that in a court constituted, as is the Appellate Term, of justices changing from month to month, there should be…
2Cases cited4 opinions
- Schlesinger v. KellyAppellate Division of the Supreme Court of the State of New York · 1906
- Crusins v. SiegmanNew York Supreme Court · 1913
- Klar v. KostiukAppellate Terms of the Supreme Court of New York · 1909
- Emanuel v. MisickiAppellate Terms of the Supreme Court of New York · 1914
3Cited by2 opinions
- Kennedy v. HeymanAppellate Division of the Supreme Court of the State of New York · 1918
- Hanauer v. SmithAppellate Division of the Supreme Court of the State of New York · 1921