Diehl v. Becker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Diehl, Jr., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 3d day of October, 1916, granting respondent’s motion for judgment on the pleadings consisting of a complaint and answer, and also from the judgment entered in said clerk’s office on the 19th day of October, 1916, pursuant to said order.
1Opinion of the Court
Scott, J.:
The action is brought to recover a loan of $5,000 made by plaintiff to Ernest Gustav Hoffmann, now deceased, whose executor, the respondent, has interposed an answer to the complaint and thereupon moved for judgment on the pleadings. The complaint sets forth at length the agreement under which this loan was made, and the contention of the respondent is that this document shows upon its face that the loan was usurious. The paper read as follows:
“Mr. George H. Diehl, Jr.,
“Mew York City:
c £ My dear Sir . —If you will loan me the sum of Five thousand Dollars ($5,000) I will secure to…
2Cases cited1 opinion
- Sumner v. . the PeopleNew York Court of Appeals · 1864
3Cited by2 opinions
- In re the Arbitration between Gale & HiltsAppellate Division of the Supreme Court of the State of New York · 1941
- Diehl v. BeckerAppellate Division of the Supreme Court of the State of New York · 1919