Littauer v. . Goldman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order affirming an order of Special Term, which overruled a demurrer to the complaint herein.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order affirming an order of Special Term, which overruled a demurrer to the complaint herein. (Reported below, 9 Hun, 231.) The complaint alleged, in substance, that defendant sold and transferred by delivery to plaintiff, for valuable consideration, a promissory note, which was void for usury in its inception; that plaintiff sued the makers, who interposed the defense of usury; that plaintiff notified defendant of the bringing of the action and of the defense set up, and requested…
1Opinion of the CourtMiller, J.
The right of the plaintiff to maintain this action rests upon the ground that the note in question which was sold and transferred by the defendant to the plaintiff was invalid and void, by reason of i+s original usurious consideration. It is alleged that, being in violation of the statute against usury, it was no note, and by implication of law the defendant did warrant and undertake that the same was not usurious or illegal, but a valid and legal note. The complaint does not allege that the defendant had any knowledge of the usury or was a party to the same, but states that the seller by the…
2Cases cited7 opinions
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Delaware Bank v. . JarvisNew York Court of Appeals · 1859
- Sinking Fund Com'rs v. Northern Bank Ky.Court of Appeals of Kentucky · 1858
- Thrall v. NewellSupreme Court of Vermont · 1847
- Webb v. . OdellNew York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Peoples' Bank of City of New York v. . BogartNew York Court of Appeals · 1880
- Flandrow v. . HammondNew York Court of Appeals · 1895
- Merchants' National Bank v. SpatesWest Virginia Supreme Court · 1895
- Meriden National Bank v. GallaudetNew York Court of Appeals · 1890
14 more not listed; retrieve them via the Exa API.