Schwarz v. . Sweitzer
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 18, 1909, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. Usury must be proved by clear and satisfactory evidence and a preponderance of proof, and the evidence in this case at least raises a question of fact for the jury. (Stillman v. Northrup, 109 N. Y. 473; Flanagan v. Shaw, 74 App. Div. 508; 174 N. Y. 530; Bliss v.…
1Opinion of the CourtHaight, J.
This action was brought to recover the sum of $960, claimed to have been loaned to the defendant, the payment of which had been secured by assignment of a mortgage upon real estate as collateral security for the loan. The defense was usury, the defendant alleging that but $800 was received by her for the loan.
The plaintiff was conducting a furniture business in the borough of Brooklyn, her son, John A. Schwarz, acting for her as manager, and authorized to sign checks as attorney. One Lipsky was acting for the defendant as broker. He called upon the plaintiff’s son on or about August 23, 1907,…
2Cases cited1 opinion
- Bliven v. . LydeckerNew York Court of Appeals · 1891
3Cited by4 opinions
- Farber v. DebruinAppellate Division of the Supreme Court of the State of New York · 1938
- Kovian v. Fulton County National Bank & Trust Co.District Court, N.D. New York · 1986
- Rumbaut v. ReinhartAppellate Division of the Supreme Court of the State of New York · 1995
- Wickersham v. McGaugheyIndiana Court of Appeals · 1914