Thomas v. Murray
New York Supreme Court
APPEAL by the defendants from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover the amount of a promissory note for $356.97 made by Murray and Mattimore, and indorsed by the other defendants, dated September 16, 1857, and payable two months after date at 'the Atlantic Bank in the city-of Mew York.
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APPEAL by the defendants from a judgment entered at a special term, upon the verdict of a jury. The action was brought to recover the amount of a promissory note for $356.97 made by Murray and Mattimore, and indorsed by the other defendants, dated September 16, 1857, and payable two months after date at 'the Atlantic Bank in the city-of Mew York. The answer sets up the defense of usury; alleging a corrupt agreement between the makers of the note and James M. Wood one of the indorsers, by which it was made a condition of a loan of $200 by Wood to Murray and Mattimore, that they should pay…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
Upon the face of the transaction, as it appears upon the undisputed evidence given on the trial of this action, it seems to me to present a clear case of usury. The defendant Murray, in the fore part of the month of September, 1857, applied to the witness Wood, who was then keeping anexchange and banking office at Corning, for the loan of $200. Wood said he had a note against one Morrow for $150, payable in hemlock lumber, and if the defendant would take that note he would let him have the $200 and take the note of the defendants for $350. Murray told him he…
2Cases cited5 opinions
- Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
- Cleveland v. LoderNew York Court of Chancery · 1839
- Dunham v. DeyNew York Supreme Court · 1816
- Swartwout v. PayneNew York Supreme Court · 1822
- Wood v. PeopleNew York Court of Appeals · 1874
3Cited by2 opinions
- M. Lowenstein & Sons, Inc. v. British-American Mfg. Co.District Court, D. Connecticut · 1924
- Cornell v. BarnesWisconsin Supreme Court · 1870