Bates v. Voorhies
New York Supreme Court
Motion for leave to amend the defendant’s answer, by adding the defence of usury. The action is upon a note for $2500, made by one Tomlinson, and endorsed by the defendant. Tomlinson died before the note became due. The answer sets up various grounds of defence, and the cause having been referred, several hearings have been had before the referee.
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Motion for leave to amend the defendant’s answer, by adding the defence of usury. The action is upon a note for $2500, made by one Tomlinson, and endorsed by the defendant. Tomlinson died before the note became due. The answer sets up various grounds of defence, and the cause having been referred, several hearings have been had before the referee. The defendant states that a witness called by the plaintiff, Avhile being cross-examined, on the 3d of April, disclosed facts of Avhich he was before ignorant, and which, as he is advised by his counsel, show that the note Avas discounted by the…
1Opinion of the Court
Harris, Justice.
Courts in the exercise of their discretion in allowing amendments, have thought it proper to discriminate between what have been regarded as hard and unconscionable defences, and such as have been considered with more favor. The soundness of this discrimination may well be doubted. The legislature of this state, have thought it wise to declare usury to be a legal defence to an action upon the usurious contract. Jn doing so, they have but followed every other civilized state. With the policy of such laws, courts have nothing to do. When a plaintiff willfully violates the law,…
2Cases cited3 opinions
- Jackson v. VarickNew York Supreme Court · 1829
- Hallagan v. GoldenNew York Supreme Court · 1828
- Utica Insurance Co. v. ScottNew York Supreme Court · 1827
3Cited by3 opinions
- Harrington v. SladeNew York Supreme Court · 1856
- Jones v. WalkerWisconsin Supreme Court · 1867
- Jennings v. KosmakAppellate Terms of the Supreme Court of New York · 1897