Ayrault v. Chamberlain
New York Supreme Court
ACTION on a promissory note made by the defendants Williams and Chamberlain, with two others as sureties, dated 5th July, 1854, for $6000, payable 1st July, 1857, with interest annually, to the order of the plaintiff, at the Metropolitan Bank, New York.
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ACTION on a promissory note made by the defendants Williams and Chamberlain, with two others as sureties, dated 5th July, 1854, for $6000, payable 1st July, 1857, with interest annually, to the order of the plaintiff, at the Metropolitan Bank, New York. Defense, usury, which, as the defendants alleged, consisted in the giving of a note to the plaintiff for $4000, at the s.ame time the note in suit was given, as a bonus or premium for a loan of $27,000. The cause was tried at the Livingston circuit in January, 1860, before Judge Johnson and a jury. It appeared on the trial, that in the…
1Opinion of the Court
By the Court,
E. Darwin Smith, J.
In the case of Huntington v. Conkey, (ante, p. 218,) we have decided in a case like this, that when the action is upon a promissory note and the plaintiff’s right of action is admitted upon the record, and the issue to be tried arises purely upon affirmative matter of defense set up in the defendant’s answer, the onus probandi is upon the defendant, and that he has the right to begin, on the trial. The ruling in that case, at the circuit, was the same as in this, that the plaintiff was entitled to begin, but the result was different on the trial. In that case…
2Cases cited2 opinions
- Sevey v. BlacklinMassachusetts Supreme Judicial Court · 1807
- Gasper v. AdamsNew York Supreme Court · 1858
3Cited by11 opinions
- Kley v. . HealyNew York Court of Appeals · 1891
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Scripps v. ReillyMichigan Supreme Court · 1877
- St. Louis & South-Eastern Railway Co. v. MyrtleIndiana Supreme Court · 1875
- Marshall v. StateSupreme Court of Arkansas · 1903
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