Wheeler v. Newbould
The Superior Court of New York City
The action was brought to recover a sum which was alleged to be a balance due to the plaintiffs, from the proceeds of certain promissory notes, which had been deposited with the defendant as collateral security for the repayment of. a loan of $2,000. The notes, fourteen in number, were set forth in the complaint; they were signed by different makers, amounted in the aggregate to $2,614.73, and the whole amount, it was averred, had been collected.
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The action was brought to recover a sum which was alleged to be a balance due to the plaintiffs, from the proceeds of certain promissory notes, which had been deposited with the defendant as collateral security for the repayment of. a loan of $2,000. The notes, fourteen in number, were set forth in the complaint; they were signed by different makers, amounted in the aggregate to $2,614.73, and the whole amount, it was averred, had been collected. The defence substantially was, that the loan for the security of which the notes were pledged, not being repaid when it became due, the defendant,…
1Opinion of the CourtBy the Court. Duer, J.
We are clearly of opinion that the plaintiffs are entitled to judgment upon the verdict which the jury was instructed to render.
The usage that was offered to be proved on the trial was confined to this city. It was strictly a local usage, and as the evidence offered went no further than to prove its existence, it was properly excluded. The law may be considered as settled, that proof of a local usage can never be received to vary the construction that the law would otherwise give to a contract, unless it is clearly proved that its existence was known to the parties, and that their contract…
2Cases cited3 opinions
- Stearns v. MarshNew York Supreme Court · 1847
- Garlick v. JamesNew York Supreme Court · 1815
- Brownell v. HawkinsNew York Supreme Court · 1848
3Cited by13 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- City of Memphis v. BrownSupreme Court of the United States · 1874
- Maryland Fire Insurance v. DalrympleCourt of Appeals of Maryland · 1866
- Donohoe v. GambleCalifornia Supreme Court · 1869
- Isaksson v. WilliamsDistrict Court, S.D. New York · 1886
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