Pratt v. . Elkins
New York Court of Appeals
Appeal from order of the General Term of the City ■ Court of Brooklyn, reversing a judgment in favor of defendant, entered upon the report of a referee; This action was upon a promissory note. The defense was usury. The evidence to sustain the defense is set forth in the opinion.
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Appeal from order of the General Term of the City ■ Court of Brooklyn, reversing a judgment in favor of defendant, entered upon the report of a referee; This action was upon a promissory note. The defense was usury. The evidence to sustain the defense is set forth in the opinion. Defendant testified that all the transactions in regard to the note in suit, and other notes upon which suits were pending, which were tried with this, were with either David Wood or Elisha Cole, clerks of Mr. Foster, plaintiff’s testator, at his banking-house. The testimony as to the dealings with said clerks was…
1Opinion of the CourtRapallo, J.
The testimony of the defendant as to his dealings with Wood and Cole, the clerks of plaintiff’s testator, was not within either the letter or the spirit of the prohibition contained in the Code. The prohibition is con-, fined to personal transactions with a deceased party, and docs not extend to transactions with the agents of such O ■ party. The evidence of the defendant was, therefore, properly admitted.
We think, also, that the evidence was sufficient to sustain the finding of the referee that the note in suit was tainted with usury. The defendant testified that at the time of giving it he…
2Cited by10 opinions
- U. T. Hungerford Brass & Copper Co. v. BrighamNew York Supreme Court · 1905
- In re the Estate of LancasterNew York Surrogate's Court · 1960
- Melkon v. H. B. Kirk & Co.Appellate Division of the Supreme Court of the State of New York · 1927
- Warth v. KastrinerAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Probate of the Will ValenteNew York Surrogate's Court · 1959
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