Porter v. Mount
New York Supreme Court
THIS action was commenced, to recover of the defendants for an alleged excess of interest upon a loan of $1000. The defendants answered separately, denying the complaint. April 15, 1857, the defendant, Harriet Mount, loaned the plaintiff $1000, of her own separate estate, at the legal rate of interest.
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THIS action was commenced, to recover of the defendants for an alleged excess of interest upon a loan of $1000. The defendants answered separately, denying the complaint. April 15, 1857, the defendant, Harriet Mount, loaned the plaintiff $1000, of her own separate estate, at the legal rate of interest. The defendant, John Mount, received from the plaintiff afterwards, and on the same day, without the knowledge or assent of the defendant Harriet, $100 for his father, Enoch Mount; and $35 on his own account, for his personal services in going after and procuring the money. John Mount afterwards…
1ConcurrenceJohnson, J.
I concur fully in my brother E. Darwin Smith’s opinion in this case, except that portion relating to so much of the charge as instructed the jury, “that if the defendant Harriet Mount knew the defendant John Mount was receiving money on his own account from the plaintiff on account of the loan, she would be liable for the money he paid.” I am clearly of the opinion that this part of the charge was correct, in view of the evidence in the case, and of the peculiar character of the transaction. The whole charge is not given in the case, but so much, and such parts only, as are excepted to. The…
2Cases cited2 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Condit v. BaldwinNew York Supreme Court · 1855