Legal Opinion

Harris v. Eakins

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 1922PublishedCited by 3 opinions

Appeal by the defendant, William E. D. Stokes, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 10th day of February, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 27th day of May, 1921, denying said defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Davis, J.:

The action is brought on a promissory note signed by the defendant Bakins and indorsed by defendants Stokes and Crawford. Stokes, the only defendant served, interposed the defenses of usury and payment. The plaintiff has a verdict in his favor.

The defendants comprised a syndicate engaged in promoting a highly speculative venture known as the Kentucky Producers and Heffners Corporation, organized to drill for oil in lands leased in Kentucky and Mexico. The plaintiff was a broker engaged in making sales of the stock. Defendants sought to obtain a loan from him which they proposed to…

2Cases cited3 opinions

  1. Thomas v. . ScuttNew York Court of Appeals · 1891
  2. Graham v. GrahamAppellate Division of the Supreme Court of the State of New York · 1911
  3. Studwell v. . Bush CompanyNew York Court of Appeals · 1912

3Cited by3 opinions

  1. In re AtlasAppellate Division of the Supreme Court of the State of New York · 1926
  2. Fareri v. Rain's International Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Yager v. Ajax Chemical & Surgical Commodities, Inc.City of New York Municipal Court · 1924

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