Condit v. Baldwin
New York Supreme Court
APPEAL from a judgment rendered at a special term. The action was brought upon a promissory note made by the defendants, the defendant Baldwin being the principal, and the other defendants his sureties, for $400, dated May 2, 1851, payable to George C. Mills or bearer, two years after date, with interest annually.
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APPEAL from a judgment rendered at a special term. The action was brought upon a promissory note made by the defendants, the defendant Baldwin being the principal, and the other defendants his sureties, for $400, dated May 2, 1851, payable to George C. Mills or bearer, two years after date, with interest annually. The defense set up was usury, the answer alleging that the note was given upon a loan of money by Mills to Baldwin upon a usurious agreement between them, the particulars of which were given. The action was tried before the court without a jury. On the trial it was proved that…
1Opinion of the CourtJohnson, J.
Upon the facts found by the judge at special term, was this transaction usurious per se 7 It was held to be so by the learned justice before whom the cause was tried, although the fact is distinctly found, that the plaintiff had no knowledge of the charge of $25 made by her agent, and never-received any portion of it. As the plaintiff never knew of the charge, and it was not made for her benefit, but for the exclusive benefit of her agent, she cannot be held to have sanctioned it by bringing the action to collect the note. The decision at special term goes further, I think, than any court has…
2Cases cited1 opinion
- Crane v. HubbelNew York Court of Chancery · 1839
3Cited by4 opinions
- Ballinger v. BourlandIllinois Supreme Court · 1877
- Borcherling's v. TrefzNew Jersey Court of Chancery · 1885
- People v. DunlapNew York Supreme Court · 1900
- Porter v. MountNew York Supreme Court · 1865