Legal Opinion

Whedon v. Hogan

New York Court of Common Pleas

Decided May 7, 1894PublishedCited by 1 opinion

Appeal from ninth district court. Action by Charles H. Whedon against James Hogan, impleaded with another. There was a judgment in favor of defendant Hogan rendered by the justice without a jury, and plaintiff appeals. Affirmed.

1Opinion of the CourtGiegerich, J.

This,, action was brought upon the following promissory note:

“$100. New York, Jan. 24, 1893. “Three months after date I promise to pay, to the order of W. H. Ruffhead, one hundred dollars, at No. 36 Beekman St., New York City. Value received.
“James Hogan.”

—Which Buffhead transferred to the plaintiff for $80. Judgment by default was rendered against Buffhead; but Hogan set up the defense of usury, and judgment was rendered in his favor against *555the plaintiff. The evidence was conflicting as to whether this was an accommodation or a business note; but the trial justice evidently found upon this…

2Cases cited7 opinions

  1. Dowe v. SchuttNew York Supreme Court · 1846
  2. Eastman v. . ShawNew York Court of Appeals · 1875
  3. Lynes v. HickeyNew York Court of Common Pleas · 1893
  4. Holmes v. WilliamsNew York Court of Chancery · 1843
  5. Claflin v. . BoorumNew York Court of Appeals · 1890

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Security Holding Co. v. ChristensenSouth Dakota Supreme Court · 1928

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