Fleischmann v. . Stern
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which reversed a judgment entered upon a verdict and ordered a new trial. Also appeal from order of said General Term made April 1, 1881, denying a motion for reargument. (Reported below, 24 Hun, 265.) The nature of the action and the material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which reversed a judgment entered upon a verdict and ordered a new trial. Also appeal from order of said General Term made April 1, 1881, denying a motion for reargument. (Reported below, 24 Hun, 265.) The nature of the action and the material facts are stated in the opinion. The discount of the note by the plaintiffs at nine per cent was usurious, whether it were a loan or forbearance of money. (Clark v. Sisson, 22 N. Y. 312; Laws of 1837, chap. 430, § 5.) Assumingthat the…
1Opinion of the CourtDanforth, J.
There are two appeals in this case: one from an order of the General Term, reversing the judgment herein and granting a new trial, the other from an order of that court denying the defendant’s application for a reargument. Over the latter we have no jurisdiction. Whether more than one argument of a question shall be had, is exclusively for the court in which it is pending to determine.
In the first order we find no error. The plaintiffs are mer chants. They brought this action upon a promissory note of $1,000, bearing date October 13, 1877, made by Z. Stern & Co., payable three months after…
2Cases cited11 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Ph&338nix Insurance Company v. . ChurchNew York Court of Appeals · 1880
- Putnam v. LewisNew York Supreme Court · 1811
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3Cited by51 opinions
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Smith v. . CoeNew York Court of Appeals · 1902
- Conselyea v. . SwiftNew York Court of Appeals · 1886
- Graham v. NegusNew York Supreme Court · 1890
- Banzer v. RichterNew York Supreme Court · 1910
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