Butterworth v. O'Brien
New York Court of Appeals
Appeal from the Supreme Court. The complaint set forth the appointment of the plaintiff as Beceiver. of the Island City Bank, an insolvent corporation, and averred that the bank, within a year preceding the commencement of the action, had paid, and the defendant had received, on the loan or forbearance of sundry sums of money upon a corrupt or usurious agreement, the sum of at least $10,000'; for the repayment of which he prayed- judgment.
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Appeal from the Supreme Court. The complaint set forth the appointment of the plaintiff as Beceiver. of the Island City Bank, an insolvent corporation, and averred that the bank, within a year preceding the commencement of the action, had paid, and the defendant had received, on the loan or forbearance of sundry sums of money upon a corrupt or usurious agreement, the sum of at least $10,000'; for the repayment of which he prayed- judgment. The defendant demurred, upon the ground that the complaint did not state a cause of action. The defendant had judgment on the demurrer, which having been…
1Opinion of the CourtDavies, J.
This action is founded upon the provision of the Revised Statutes, which authorizes any person, or his personal representatives, who shall, on any loan or forbearance of money, have paid or delivered any greater sum than is allowed by law, to recover from the person to whom the same was paid, or by whom the same was received, the amount so paid, provided the action is brought within one year after such payment. (1 R. S., 772, § 3.) Assuming that the bank is a person within the meaning of this act, and that the plaintiff is his personal representative, we are to inquire whether the action can…
2Cases cited2 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Duncan v. BerlinNew York Court of Appeals · 1875
3Cited by6 opinions
- Wilson v. United StatesSupreme Court of the United States · 1911
- Wilson v. United StatesSupreme Court of the United States · 1910
- People Ex Rel. Platt v. . RiceNew York Court of Appeals · 1894
- Drew v. Superior Court of Mendocino CountyCalifornia Supreme Court · 1919
- Smith v. SmithNew York Supreme Court · 1862
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