Matthews v. . Coe
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover for an alleged conversion of warehouse receipts for 70,856 bushels of corn which were pledged by Simeon S. Losee as security for advances made by defendant. Plaintiff claimed that the agreement under which the advances were made was usurious.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover for an alleged conversion of warehouse receipts for 70,856 bushels of corn which were pledged by Simeon S. Losee as security for advances made by defendant. Plaintiff claimed that the agreement under which the advances were made was usurious. The action was originally commenced by Losee; subsequently he assigned to the present plaintiff all his right and interest in the claims in suit,…
1Opinion of the Court
Church, Ch. J.
It is insisted by the learned counsel for the respondent that the referee’s conclusion of fact, “that the consignment of the corn by Losee to Coe, at the time of the making of the loan, was for the purpose of evading the statute regulating the rate of interest for money,” is conclusive upon this court, and that we have no power to review it. This is true, with this qualification, that there must be some evidence to sustain the material facts found by the referee, upon -which this conclusion is based. A finding of fact without evidence, or against the undisputed evidence, is an…
2Cases cited1 opinion
- Mason v. . LordNew York Court of Appeals · 1869
3Cited by15 opinions
- Baker v. . DrakeNew York Court of Appeals · 1873
- Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
- Whelan v. . LynchNew York Court of Appeals · 1875
- Matthews v. . CoeNew York Court of Appeals · 1877
- Gervis v. KaySupreme Court of Pennsylvania · 1928
10 more not listed; retrieve them via the Exa API.