Legal Opinion

Jackson ex dem. Norris v. Smith

New York Supreme Court

Decided October 15, 1827PublishedCited by 8 opinions

Ejectment for the north half of lot Mo. 68, Verona, Oneida county ; tried at the circuit in that county, October 10th, 1826, before Williams, 0. Judge. It appeared that the lessors of the plaintiff were the heirs of E. Norris; and-that the defendant had contracted with him to purchase the premises in question of him; and was in possession under the contract.

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Ejectment for the north half of lot Mo. 68, Verona, Oneida county ; tried at the circuit in that county, October 10th, 1826, before Williams, 0. Judge. It appeared that the lessors of the plaintiff were the heirs of E. Norris; and-that the defendant had contracted with him to purchase the premises in question of him; and was in possession under the contract. Norris, the ancestor, had given to him a bond for a deed, of the premises in question, "-being the same as the defendant deeded to Norris, bearing even date with a bond from the defendant to Norris, conditioned for $579. The dates of both…

1Opinion of the Court

Curia, per Sutherland, J.

The judge erred in intimating to the jury, that they might legally presume the bonds of December, 1822, a renewal of, or connected with the usurious loan of 1821. There were no facts in the case which could legally warrant such a presumption. That Norris made an usurious loan to the defendant in 1821, for 370 dollars, was, perhaps, sufficiently established; but there was not a particle of evidence to connect the loan of 1822 with that transaction. It was for $579 ; nearly double the former loan. It was not, therefore, at all events, a mere renewal.of the former bond;…

2Cited by8 opinions

  1. Burlingame v. BurlingameNew York Supreme Court · 1828
  2. Triplett v. Goff's AdministratorSupreme Court of Virginia · 1887
  3. People on rel. Ward v. KelseyNew York Supreme Court · 1862
  4. Linn v. GilmanMichigan Supreme Court · 1881
  5. Shelly v. Brunswick Traction Co.Supreme Court of New Jersey · 1901

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