Porter v. Mount
New York Supreme Court
THIS action was commenced, to recover of the defendants for an alleged excess of interest upon a loan of $1000. The defendants answered separately, denying the complaint. April 15, 1857, the defendant, Harriet Mount, loaned the plaintiff $1000, of her own separate estate, at the legal rate of interest.
Read the full summary
THIS action was commenced, to recover of the defendants for an alleged excess of interest upon a loan of $1000. The defendants answered separately, denying the complaint. April 15, 1857, the defendant, Harriet Mount, loaned the plaintiff $1000, of her own separate estate, at the legal rate of interest. The defendant, John Mount, received from the plaintiff afterwards, and on the same day, without the knowledge or assent of the defendant Harriet, $100 for his father, Enoch Mount; and $35 on his own account, for his personal services in going after and procuring the money. John Mount afterwards…
1Opinion of the CourtE. Darwin Smith, J.
When this case was before us on a former occasion, it came up on a motion for a new trial, the plaintiff having been nonsuited at the circuit, on the ground, chiefly, that the action was barred by the statute limiting actions by the borrower against the lender, for usury paid, to the period of one year after such payment. And the question raised and discussed, was, whether a married woman having a separate estate and loaning money on usury was liable to be sued for the excess secured over legal interest, so as to charge her separate estate.
We held that the action was not barred by statute,…
2Cases cited4 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Barretto v. SnowdenNew York Supreme Court · 1830
- Crane v. HubbelNew York Court of Chancery · 1839
- Fellows v. Commissioners for Loaning Certain Moneys of the United StatesNew York Supreme Court · 1862
3Cited by8 opinions
- Nichols v. State ex rel. ClarkIndiana Supreme Court · 1879
- Lockwood v. . BartlettNew York Court of Appeals · 1891
- Hoffman v. Brooklyn, Queens County & Suburban RailroadAppellate Terms of the Supreme Court of New York · 1912
- Alexander v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1906
- Rowe v. SmithNew York Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.