Steele v. Whipple
New York Supreme Court
This was an action of assumpsit tried at the Albany circuit in October, 1838, before the Hon. John P. Cushman, one of the circuit judges. The plaintiff claimed to recover against the defendant as the endorser of a promissory note, dated 13th March, 1832, for $1000, made by one J. Jackson, which had been negotiated by S. Dutcher to the plaintiff.
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This was an action of assumpsit tried at the Albany circuit in October, 1838, before the Hon. John P. Cushman, one of the circuit judges. The plaintiff claimed to recover against the defendant as the endorser of a promissory note, dated 13th March, 1832, for $1000, made by one J. Jackson, which had been negotiated by S. Dutcher to the plaintiff. The defence set up to a recovery was, that the note for $1900" had been received by Dutcher, to enable him among other, things to .take up a note for $763, which it was alleged on the part of the defendant was usurious, and that the note for $1000 had…
1Opinion of the Court
By the Court,
Cowen, J.
The question whether the plaintiff was a bona fide holder, and whether the note in question had been used by Jackson for a purpose substantially different from what the defendant intended, when he endorsed, was, we think, properly left to the jury. But whether it was void for usury in the hands of Mr. Butcher, we think, should not have been left to them. The short of Mr. Butcher’s account is, that he drew the money from the bank on the credit of his endorsement, retained $250 due him from Jackson, with $30- in the name of payment for traveling some rods to see Norton,…
2Cases cited1 opinion
- Barretto v. SnowdenNew York Supreme Court · 1830
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- Cope v. AldenNew York Supreme Court · 1867
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