Legal Opinion

Rosenstein v. Fox

New York Court of Common Pleas

Decided August 1, 1894Published

Appeal from trial term. Action by Isaac Rosenstein against William I. Fox. From a judgment entered on a verdict in favor of defendant, plaintiff appeals. Affirmed.

1Opinion of the CourtBookstaver, J.

This action was brought to recover the sum of $3,000, with interest thereon from May 27, 1884, on a promissory note made, executed, and delivered by the defendant to the plaintiff. The answer consists—First, of a general denial; second, that the note was made for the accommodation of one Nathan Bemstine, and was given in renewal of a previous usurious note, which bore usurious interest at the rate of 17 3-20 per cent, per annum; third, that the plaintiff was not the real party in interest, and was not a bona fide holder of the note, because, before maturity, the note was paid to Nathan…

2Cases cited9 opinions

  1. Aldridge v. . AldridgeNew York Court of Appeals · 1890
  2. Porter v. . SmithNew York Court of Appeals · 1887
  3. Hyman v. FriedmanNew York Court of Common Pleas · 1892
  4. Snaith v. SmithNew York Court of Common Pleas · 1894
  5. Claflin v. FlackNew York Court of Common Pleas · 1891

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