Guenther v. Amsden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Erank J. Amsden and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 11th day. of November, 1896:, upon the verdict of a jury rendered, by direction of the court, and also from an order entered in said clerk’s office on the 11th day of November, 1896, denying the defendants’ motion for á new trial made upon the minutes. ’ : This is an action to recover twice…
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Appeal by the defendants, Erank J. Amsden and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 11th day. of November, 1896:, upon the verdict of a jury rendered, by direction of the court, and also from an order entered in said clerk’s office on the 11th day of November, 1896, denying the defendants’ motion for á new trial made upon the minutes. ’ : This is an action to recover twice the. amount of the excess of interest paid by the plaintiffs upon the discount of thirty-nine promissory notes described…
1Opinion of the Court
Ward, J.:
The points made to secure a reversal of this judgment that we deem- important to consider are that there was not sufficient evidence of the usurious agreement; that the court erred in permitting the amendment of the complaint in regard to several of the causes of *609action stated in the com'plaint, upon which the plaintiffs recovered, so ■ as to conform to the proof in the respect that, whereas, the notes upon their face did not bear interest, the allegation in the complaint was that they were payable, with interest; that the court erred in permitting the plaintiffs to give evidence of…
2Cases cited4 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Catlin v. . GunterNew York Court of Appeals · 1854
- Miller v. ReynoldsNew York Supreme Court · 1895
- Cohen v. MoshkowitzAppellate Terms of the Supreme Court of New York · 1896
3Cited by4 opinions
- Manacher v. Sterling National Bank & Trust Co.City of New York Municipal Court · 1967
- Viennese Melody, Inc. v. Majestic Refrigerator Corp.Appellate Division of the Supreme Court of the State of New York · 1951
- Griffin v. Interurban Street Railway Co.New York Supreme Court · 1905
- Lynch v. Cronk, New York County Courts1915