Legal Opinion

Haus v. Soule

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

Decided November 3, 1911PublishedCited by 6 opinions

Appeal by the defendant, Ullman B. Soule, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered. in the office of the clerk of the county of New York on the 14th day of March, 1911, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to. the complaint.

1Opinion of the Court

Laughlin, J.:

The complaint contains two counts for the same relief, which is the cancellation of a certain agreement in writing made between the plaintiff and one Albert Graf, as parties of the first part, and the defendant, as party of the second.part, on the 3d day of September,’ 1909,. on the ground that it was usurious and void, and Of a confession of judgment, and a judgment entered thereon, pursuant to said agreement. The • defendant demurred separately to each count upon the ground that facts sufficient to constitute a cause of action are not stated therein.

It is alleged that since the…

2Cases cited6 opinions

  1. Orvis v. . CurtissNew York Court of Appeals · 1899
  2. Morton v. . ThurberNew York Court of Appeals · 1881
  3. Chapuis v. MathotNew York Supreme Court · 1895
  4. Myers v. . WheelerNew York Court of Appeals · 1900
  5. Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by6 opinions

  1. Leibovici v. RawickiCivil Court of the City of New York · 1968
  2. Grushkin v. FeinbergCity of New York Municipal Court · 1936
  3. STRANSKY, BETH A. v. DIPALMA, JEFFREYAppellate Division of the Supreme Court of the State of New York · 2016
  4. Clamente v. ValenteAppellate Division of the Supreme Court of the State of New York · 1932
  5. Oberndorff v. WolfsonAppellate Division of the Supreme Court of the State of New York · 1962

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