Cummings v. Williams
New York Supreme Court
Error from the Oneida common pleas. Williams sued Cummings in a justice’s court, and declared on a contract bearing date 12th May, 1824, by which Cummings acknowledged to have received of Williams a two year old heifer and calf, and agreed, within four years, to return the same heifer, and she to be with calf, and also another heifer three years old, also to be with calf; Williams only incurring the risk of the heifer, received by Cummings, being killed by lightning.
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Error from the Oneida common pleas. Williams sued Cummings in a justice’s court, and declared on a contract bearing date 12th May, 1824, by which Cummings acknowledged to have received of Williams a two year old heifer and calf, and agreed, within four years, to return the same heifer, and she to be with calf, and also another heifer three years old, also to be with calf; Williams only incurring the risk of the heifer, received by Cummings, being killed by lightning. The defendant pleaded usury, and a.jury by- whom the cause was tried gave a verdict for the plaintiff for $27: The defendant…
1Opinion of the Court
By the Court,
Marcy, J.
The facts of this case differ s omewhat from those in Spencer v. Tilden, (5 Cowen, 144;) but the difference is not so great, (viewing it to be a loan as that was,) as to call for the application of a principle of law different from the one which controlled that case.
There was perhaps more certainty in this case that the property to be returned at the end of four years would be worth that advanced, with the addition of seven per cent, per annum to its value, than there was in the case of Spencer v. Tilden; but there was a contingency, (a remote one, it is true,) that the…
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