Palen v. Bushnell
New York Supreme Court
APPEAL from a judgment rendered at a special term, overruling a demurrer to the complaint. The action was brought by the plaintiff as receiver of Henry Bangs, appointed in proceeditigs supplementary ■ to execution,. on a judgment recovered against him by Terry brothers in 1862, 1st. To recover from the defendant, Ezra L. Bushnell, various sums of money alleged to have been usuriously exacted by him from the defendant Bangs. 2d.
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APPEAL from a judgment rendered at a special term, overruling a demurrer to the complaint. The action was brought by the plaintiff as receiver of Henry Bangs, appointed in proceeditigs supplementary ■ to execution,. on a judgment recovered against him by Terry brothers in 1862, 1st. To recover from the defendant, Ezra L. Bushnell, various sums of money alleged to have been usuriously exacted by him from the defendant Bangs. 2d. To compel Bushnell to account for certain notes and bills receivable, alleged to have been placed in his hands as collateral security for loans made by him to Bangs,…
1Opinion of the Court
By the Court, Geo. G. Barnard, J.
I came to the conclusion, in Palen, receiver, &c. v. Johnson, (a) argued at the same time with this case, that a person who brought his action for excess of money paid for interest, beyond the legal rate, must bring it within the year subsequent to such payment. It follows that the demurrer in this case to the 5th, 6th, 8th, 9th and 10th subdivisions of the complaint was well taken, and the judgment overruling the demurrer as to those parts of the complaint, at special term, should be reversed. There is in this case thé additional question of *26misjoinder of…
2Cited by1 opinion
- Van Liew v. JohnsonNew York Supreme Court · 1875