Bull v. . Rice
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the eighth district, where a judgment of the Recorder’s Court of the city of Buffalo had been reversed, and a new trial ordered.
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Appeal from the general term of the Supreme Court, in the eighth district, where a judgment of the Recorder’s Court of the city of Buffalo had been reversed, and a new trial ordered. This was an action of assumpsit upon a promissory note, bearing date the 22d June 1841, whereby the defendant, one day after the date thereof, promised to pay to the plaintiff, the sum of $337. The defendant pleaded the general issue, with notice of the defence of usury. *^n ^16 ^ was shown that the note in question was given in payment of a balance due upon a contract between the parties, dated, Boston, 1st May…
1Opinion of the CourtGaRDIneb., J.
According to the contract stated in the bill of exceptions, the parties had in view a loan of cattle, with liberty to the borrower to convert the loan into a sale, at the times, and upon the terms, prescribed in the agreement. During the continuance of the loan, and until the defendant made his election, he was to pay a stipulated sum, exceeding seven per cent., for the use of the property, which was to remain at the risk of the lender, for the times specified, as to all accidents, not arising from the negligence or misconduct of the former. This, I apprehend, is the true meaning of that…
2Cases cited2 opinions
- The Dry Dock Bank v. . the American Life Ins. and Trust Co.New York Court of Appeals · 1850
- Hall v. HaggartNew York Supreme Court · 1837
3Cited by3 opinions
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- Oxhandler Structural Enterprises, Inc. v. BillardNew York Supreme Court · 1980
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