Schlesinger v. . Gilhooly
New York Court of Appeals
Appeal from a judgment, entered December 10,1906, npon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court.
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Appeal from a judgment, entered December 10,1906, npon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court. The complaint sets forth two causes of action in favor of the plaintiff as receiver of the Federal Bank of New York, a domestic hanking corporation, each founded on a promissory note made by the defendant, payable to his own order. The…
1Opinion of the CourtVann, J.
The learned Appellate Division rendered judgment in this case on the authority of its previous decision in, Schlesinger v. Kelly (114 App. Div. 546). That case involved the same questions as the one now before us and all tlie justices were of the opinion that the plaintiff was entitled to recover, four of them on the ground that the usury statute of this state “ has been repealed by implication so far as state banks are concerned, not only where the bank itself has been a direct participator in the usurious transaction, but also where it is an innocent holder in due course of the paper which…
2Cases cited23 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- National Bank v. CommonwealthSupreme Court of the United States · 1870
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Brickell v. Atlas Assurance Co., Ltd.California Court of Appeal · 1909
- Weaver Hardware Co. v. . SolomovitzNew York Court of Appeals · 1923
- Twentieth Street Bank v. JacobsWest Virginia Supreme Court · 1914
- Sabine v. PaineAppellate Division of the Supreme Court of the State of New York · 1915
- Schlesinger v. . LehmaierNew York Court of Appeals · 1908
22 more not listed; retrieve them via the Exa API.