Balme v. Wombough
New York Supreme Court
THE plaintiff brings this action to compel the surrender of three certain promissory notes described in the complaint, and also demands that the notes may be declared usurious by the court.
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THE plaintiff brings this action to compel the surrender of three certain promissory notes described in the complaint, and also demands that the notes may be declared usurious by the court. The plaintiff seeks to compel the defendant to deliver the notes either under the statute as void, or if the court shall consider them valid, then that the defendant shall he ordered to surrender the same on payment of the principal, inasmuch as the defendant wrongfully withdrew them from their place of payment, for the purpose of defeating the payment thereof. The defendant, in October, 1856. loaned the…
1Opinion of the CourtBy the Court. Leonard, J.
The statutes of this state direct that any evidence of debt taken or received in violation of the laws against usury, shall be declared void, and any prosecution thereon shall be enjoined, and the same shall be ordered to be surrendered and canceled. The judgment of this court must be so pronounced whenever the usury shall satisfactorily appear by the admission of the defendant, or by proof.
The promissory notes mentioned in the complaint are undoubtedly usurious, if they are to be judged by the laws of the state of Hew York.
They are made and dated in Minnesota, for money there loaned and…
2Cases cited2 opinions
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Pomeroy v. AinsworthNew York Supreme Court · 1856
3Cited by7 opinions
- Bank of Georgia v. LewinNew York Supreme Court · 1865
- Cope v. AldenNew York Supreme Court · 1867
- Hildreth v. ShepardNew York Supreme Court · 1873
- Bowen v. BradleySuperior Court of Buffalo · 1870
- Dickinson v. EdwardsNew York Supreme Court · 1878
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