Staples v. . Nott
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order . made November 25, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the whole evidence the court erred in holding that as matter of law both the note and contract by indorsement were not Hew York contracts.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order . made November 25, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Upon the whole evidence the court erred in holding that as matter of law both the note and contract by indorsement were not Hew York contracts. (Everette v. Vendryes, 19 N. Y. 436; Hyde v. Goodnow, 3 id. 267; H. N. Bank v. LaCombe, 84 id. 367, 378; 17 Johns. 510; 84 N. Y.…
1Opinion of the CourtGray, J.
The promissory note in suit bears date at Washington, D. C., April 5, 1889 ; was made payable at a bank in Watertown, N. Y., and carried interest at the rate of seven per cent per annum. The appellant was indorser upon it, and defends on the ground of usury. If the contract of the parties, which is evidenced by this note, was governed by the laws of this state, the defense should have prevailed; but if made under the laws of the District of Columbia the judgment was right and should be sustained.
The note was given in renewal of a balance due upon a prior note, made by and between the same…
2Cases cited2 opinions
- Wayne County Savings Bank v. . LowNew York Court of Appeals · 1880
- Lee v. . SelleckNew York Court of Appeals · 1865
3Cited by20 opinions
- Cross v. United States Trust Co.New York Court of Appeals · 1892
- State v. Ohio Oil Co.Indiana Supreme Court · 1898
- Ohio Ex Rel. Superintendent of Banks v. EubankMichigan Supreme Court · 1940
- Brown v. BrownCity of New York Municipal Court · 1915
- Simonson v. WallerAppellate Division of the Supreme Court of the State of New York · 1896
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