Ross v. . Ackerman
New York Court of Appeals
Appeal by defendant, Ackerman, from a judgment of the' Superior Court of the city of 27ew York, affirming a judgment for plaintiff entered upon verdict. Action upon a promissory note for $800. Defence usury. Usury is a crime; and evidence of other transactions of a similar character is admissible. (Russell on Crimes, vol. 2, pp. 776, 777, 778; Phil.
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Appeal by defendant, Ackerman, from a judgment of the' Superior Court of the city of 27ew York, affirming a judgment for plaintiff entered upon verdict. Action upon a promissory note for $800. Defence usury. Usury is a crime; and evidence of other transactions of a similar character is admissible. (Russell on Crimes, vol. 2, pp. 776, 777, 778; Phil. Ev., vol. 1, p. 179, 2d ed.; Starkie Ev., p. 221, 6th Am. ed.; Hall v. Taylor, 18 N. Y., 588; Amsden v. Manchester, 40 Barb., 158; Meyer v. Goedel, 31 How. Pr., 456; Hawthorne v. Hodges, 28 N. Y., 486 ; Read v. People, 42 N. Y., 270, 280, 282.)…
1Opinion of the Court
By the Court—Peckham, J.
The defendant Insists that the court erred, in overruling a great many questions put and several offers to prove facts.
Several questions and offers proposed to prove that Reuben Ross, Jr., a brother of the plaintiff, had loaned money at different times, prior to this transaction at usurious rates of interest.
This testimony was properly excluded. Even if Reuben were the real plaintiff, the testimony was inadmissible. Usury in the discount of this note, could not be proved, by showing that the plaintiff had taken usury upon other notes.
If the offer were made with a view…
2Cited by6 opinions
- Fahey v. ClarkSupreme Court of Connecticut · 1938
- In re the Estate of DaleNew York Surrogate's Court · 1936
- In re Paul Jones & Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Pooler v. CurtissNew York Supreme Court · 1874
- Pratt v. PeckhamNew York Supreme Court · 1887
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