Hammond v. Hopping
New York Supreme Court
• . ‘ • This was an action of assumpsit, tried at the Cayuga cjrcilif; jn December, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared on a note given to him by the defendant, for $400 with use, dated 11th June, 1828. The declaration also contained the common money counts.
Read the full summary
• . ‘ • This was an action of assumpsit, tried at the Cayuga cjrcilif; jn December, 1832, before the Hon. Daniel Moseley, one of the circuit judges. The plaintiff declared on a note given to him by the defendant, for $400 with use, dated 11th June, 1828. The declaration also contained the common money counts. The defendant pleaded the general issue, and gave notice that he would prove, on the trial, that the note declared on was given in pursuance of an usurious contract,whereby it xvas agreed, that he should pay to the plaintiff at the rate of ten per cent, per annum, for the loan of $400…
1Opinion of the Court
By the Court,
Sutherland, J.
The judge erred in excluding evidence of the note for $6, alleged to have been given for the extra interest, at the same time when the principal note, on which the suit is brought, was given. The defendant, in the notice attached to its plea, set forth minutely all the particulars of the transaction ; and, among other things, stated that the usurious interest, was embraced in this six dollar note, setting out its date and tenor. This brings the case within the principle that where the form of the action, or of *508the pleadings, gives the party notice to be prepared to…
2Cases cited1 opinion
- Rice v. Welling & FakeNew York Supreme Court · 1830
3Cited by39 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Garvin v. LintonSupreme Court of Arkansas · 1896
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Clark v. GreySupreme Court of Florida · 1931
34 more not listed; retrieve them via the Exa API.