Reiner v. Galinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry H. Galinger, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of March, 1912, overruling the defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 29th day of March, 1912, resettling the first order.
1Opinion of the Court
Miller, J.:
The action is brought to have a past due note adjudged to be usurious, illegal and void. The mere fact that one has a defense to an action at law, if one should, be brought, has never yet been held to justify an appeal to the jurisdiction of equity.- The objection is not merely that there- is an adequate remedy at law, but that there is no cause of action.
Section 373 of the General Business Law (Consol. Laws, chap. 20; Laws of 1909, chap. 25), derived from section 5 of title 3 of chapter 4 of part 2 of the Revised Statutes (1 R. S. 772) and chapter 430 of the Laws of 1837, might…
2Cases cited1 opinion
- Minturn v. . Farmers' Loan and Trust Co.New York Court of Appeals · 1850
3Cited by4 opinions
- Crusins v. SiegmanNew York Supreme Court · 1913
- Reel v. PorcellaAppellate Division of the Supreme Court of the State of New York · 1942
- Gorham v. GalingerAppellate Division of the Supreme Court of the State of New York · 1912
- Hager v. ArlandNew York Supreme Court · 1913