Wheaton v. Hibbard
New York Supreme Court
IN ERROR to the Court of Common Pleas of Onondaga county. Hibbard brought an action oí assumpsit against Wheaton in a Justice’s Court.
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IN ERROR to the Court of Common Pleas of Onondaga county. Hibbard brought an action oí assumpsit against Wheaton in a Justice’s Court. The declaration contained the common money counts, to which the defendant pleaded . e v * non assumpsit, with notice that the money received by the defendant was for excess of interest above the lawful rate of interest in The Justice gave judgment for the plaintiff for thirty-five dollars, damages, and three dollars and sixty-nine cents, costs. Wheaton appealed from this judgment to $6 Court of Common Pleas, pursuant to the act. (Sess. 41. ch. 94.) On the…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
The recovery in the Common Pleas, was more than in the Justice’s Court. The counsel for the plaintiff in error give up that objection, and also an objectiori as to costs, these points having been decided against him. The points reserved by the special verdict, and submitted to the Court, are, 1st. Whether an action of assumpsit will lie after a year, in favour of the person paying usurious interest; and, 2d. Whether the law, under the facts found, presumes a promise ? The plaintiff’s counsel have raised a third point, that the action could not…
2Cited by27 opinions
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- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
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