Legal Opinion

Emanuel v. Misicki

Appellate Terms of the Supreme Court of New York

Decided November 19, 1914PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Pincus Emanuel against Thomas Misicki and others. From an order setting aside the verdict of a jury and granting a new trial, plaintiff appeals.

1Per curiam

This action-was brought to recover the amount due upon a promissory note made by the defendant Misicki, and indorsed by him and the other defendants. It was shown by the plaintiff upon the trial that he was an innocent purchaser of the note for value and before maturity. The note in suit was the second renewal given by the defendant Misicki, and the defense was that the note was usurious in its inception.

While the decisions are not in accord upon the question of the availability of such a defense, when urged against a holder of a note in due course (see Klar v. Kostuik et al., 65 Misc. Rep.…

2Cases cited2 opinions

  1. Crusins v. SiegmanNew York Supreme Court · 1913
  2. Klar v. KostiukAppellate Terms of the Supreme Court of New York · 1909

3Cited by2 opinions

  1. Oeser & Co. v. BehrendAppellate Terms of the Supreme Court of New York · 1915
  2. Oeser & Co. v. BehrendAppellate Terms of the Supreme Court of New York · 1915

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