Legal Opinion

Topping v. Trade Bank of New York

Court of Appeals for the Second Circuit

Decided November 2, 1936No. 183PublishedCited by 6 opinions

1Opinion of the Court

MANTON, Circuit Judge.

An injunction was prayed for in this suit to restrain appellees or any of them from negotiating or transferring six promissory notes, dated November 22, 1935, payable in 3, 4, 9, 10, 11, and 12 months from date, and asking for their surrender and cancellation because they were made for usurious interest. Appellant is an indorser on all the notes. New York State statutes are involved (sections 370, 371, 373 of the General Business Law [Consol.Laws, c. 20]), which establish the rate of interest of $6 upon $100 per year, forbid usury,'and declare usurious contracts void.…

2Cases cited6 opinions

  1. Grannis v. . StevensNew York Court of Appeals · 1916
  2. Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
  3. Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
  4. Leavitt v. EnosAppellate Division of the Supreme Court of the State of New York · 1913
  5. Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1914

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3Cited by6 opinions

  1. In Re Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
  2. Kredietbank, N v. v. ESIC Capital Corp. (In Re Rosner)United States Bankruptcy Court, E.D. New York · 1985
  3. Pan American World Airways, Inc. v. Shulman Transport Enterprises, Inc.Court of Appeals for the Second Circuit · 1984
  4. National Equipment Rental, Ltd. v. StanleyDistrict Court, E.D. New York · 1959
  5. Booker T. Hines v. City Finance Company of Eastover, Inc.Court of Appeals for the D.C. Circuit · 1972

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