Diehl v. . Becker
New York Court of Appeals
Appeal from a judgment entered February 3, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint.
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Appeal from a judgment entered February 3, 1919, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court and directing a dismissal of the complaint. The complaint alleged that on March 19th, 1908, the plaintiff loaned to one Hoffmann the sum of $5,000 upon the terms and conditions of the following letter: “March 19th, 1908. “ Mr. George H. Diehl, Jr., “ New York City.: “ My dear Sir.:— If you will loan me the sum of Five thousand Dollars ($5,000) I will secure to you…
1Opinion of the CourtAndrews, J.
This action is brought to recover for a loan of $5,000 made by the plaintiff to one Hoffmann. The defense is usury, the six years’ Statute of Limitations and the six months’ Statute of Limitations.
The loan was made, as the complaint alleges, upon the terms and conditions set forth in a letter written by Hoffmann to the plaintiff. At the close of the trial both sides moved for the direction of a verdict. It was directed for the plaintiff. Upon appeal, the Appellate Division reversed the judgment and dismissed the complaint, not on the facts but as a question of law on the ground that the…
2Cases cited4 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Ulster County Savings Institution v. YoungNew York Court of Appeals · 1899
- Sumner v. . the PeopleNew York Court of Appeals · 1864
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- Florida Land Holding Corp. v. BurkeNew York Supreme Court · 1929
- Cusick v. IfshinCivil Court of the City of New York · 1972
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