Mansfield v. Wheeler
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in September, 1838, before the Hon. John P, Cushman, one of the circuit judges. The plaintiff declared on the money counts and attached to the declaration the copy of a promissory note made by the defendant for $1100, bearing date 24th April, 1837, payable to A Wheeler & Son, on demand, with interest.
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This was an action of assumpsit, tried at the Rensselaer circuit in September, 1838, before the Hon. John P, Cushman, one of the circuit judges. The plaintiff declared on the money counts and attached to the declaration the copy of a promissory note made by the defendant for $1100, bearing date 24th April, 1837, payable to A Wheeler & Son, on demand, with interest. On the trial the making and endorsement of the note was proved, .and it was further shown that it was given in renewal of a previous note, for the same sum, dated in January, 1837, and payable in ninety days. The defence set up was…
1Opinion of the Court
Cowen. J.
By the Court, It is admitted that the judge erred in saying that the second note was good, though given on an usurious agreement. The charge should have been that it was void, but that it being void would not prevent a recovery on the original loan, if that were without usury.. The error was, however, merely in the words used, and resulted in no injury to the defendant. The second note being for no more than the sum loaned, with interest, the measure of recovery was the same under the charge given, as if the jury had been referred to the original amount. It is also complained that…
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- Wheeler v. CalkinsNew York Supreme Court · 1859
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