Schlesinger v. Kelly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, J. Frank Kelly, from a judgment of the Supreme'Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of .October, 1905, upon the verdict of a jury rendered by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
Clarke, J.:
This action was brought by the plaintiff as receiver of the Federal Bank.of Rew York, to recover upon two promissory notes amounting in the aggregate to the sum of $2,798, made by the defendant. The Federal Bank was a State bank. The notes in suit were acquired by the receiver-as part of the assets of said bank when he took possession thereof under his appointment by the court. The plaintiff concedes that the notes were usurious notes at their inception and that the defendant’s dealings which resulted in the giving of the notes were had with one David Rothschild or Louis…
2Cases cited7 opinions
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Davis v. Elmira Savings BankSupreme Court of the United States · 1896
- Haseltine v. Central Bank of SpringfieldSupreme Court of the United States · 1901
- Farmers' Bank v. . HaleNew York Court of Appeals · 1874
- Hintermister v. . First National BankNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Schlesinger v. . GilhoolyNew York Court of Appeals · 1907
- Sabine v. PaineAppellate Division of the Supreme Court of the State of New York · 1915
- Kennedy v. HeymanAppellate Division of the Supreme Court of the State of New York · 1918
- Horowitz v. WollowitzAppellate Terms of the Supreme Court of New York · 1908
- Midtown Commercial Corp. v. KelnerAppellate Division of the Supreme Court of the State of New York · 1968
11 more not listed; retrieve them via the Exa API.