Price v. Lyons Bank
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside, and have given up to be canceled, a bond and mortgage, made by the plaintiff to Sutton, one of the defendants, on the ground of usury. The Lyons Bank was an individual bank; Parshall & Westfall, as copartners, being the owners thereof, and conducting the business of banking, at Lyons, under the name and style of the “Lyons Bank.”
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APPEAL from a judgment entered upon the report of a referee. The action was brought to set aside, and have given up to be canceled, a bond and mortgage, made by the plaintiff to Sutton, one of the defendants, on the ground of usury. The Lyons Bank was an individual bank; Parshall & Westfall, as copartners, being the owners thereof, and conducting the business of banking, at Lyons, under the name and style of the “Lyons Bank.” Parshall & Westfall put in an answer in their own names, and on the trial the complaint was amended, substituting them as defendants in the place of the Lyons Bank. It…
1Opinion of the CourtT. R. Strong, J.
The notes of the plaintiff, for $3000, one due the 6th and the other the 8th of November, 1855, which were renewed the 6th of that month, were payable at the Albany City Bank, and were at the time of the agreement for their renewal, between the 1st and the 5th of November, at the latter bank for collection. It appears by the complaint, that when the agreement for renewal was made, the rate of exchange between Lyons, the place of business of the Lyons Bank, and Albany, was one half of one per cent in favor of Albany. Payment of the notes at that time, at the place specified therein for…
2Cases cited4 opinions
- Merritt & Myers v. BentonNew York Supreme Court · 1833
- Williams v. HanceNew York Court of Chancery · 1839
- International Bank v. . BradleyNew York Court of Appeals · 1859
- Oliver Lee Co's Bank v. . WalbridgeNew York Court of Appeals · 1859
3Cited by1 opinion
- Mount v. SlackNew Jersey Superior Court Appellate Division · 1884