Kennedy v. Heyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Isaac J. Heyman, from an order and determination of the Appellate Term of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on or about the 16th day of November, 1917, reversing a judgment of the Municipal Court of the City of New York, Borough of Manhattan, First District, in defendant’s favor.
1Opinion of the Court
Shearn, J.:
The question presented is whether the plaintiff, who purchased an accommodation note from the accommodated party at a discount of about twelve per cent, can recover thereon against the maker, whose contention is that the note is void for usury.
There is no question whatever but that the note was *422purely for the accommodation of Traphagen who negotiated it to the plaintiff and that it was without any consideration. When it was delivered, Traphagen, the accommodated party, delivered to the maker a paper signed by him stating: “ Mr. I. J. Heyman has this date given me a note for $200…
2Cases cited8 opinions
- Eastman v. . ShawNew York Court of Appeals · 1875
- Straus v. Tradesmen's National BankNew York Court of Appeals · 1890
- Schlesinger v. KellyAppellate Division of the Supreme Court of the State of New York · 1906
- Strickland v. . HenryNew York Court of Appeals · 1903
- Sabine v. PaineAppellate Division of the Supreme Court of the State of New York · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McCormick v. FallierSupreme Court of Alabama · 1931
- Whitaker v. SmithCourt of Appeals of Kentucky (pre-1976) · 1934
- Geraldine Ridings, Libelant-Appellee v. The Motor Vessel 'Effort,' Her Engines, Etc., M. v. Effort, Inc., Claimant-AppellantCourt of Appeals for the Second Circuit · 1968
- Midtown Commercial Corp. v. KelnerAppellate Division of the Supreme Court of the State of New York · 1968
- D. S. Stern & Co. v. PizitzAppellate Division of the Supreme Court of the State of New York · 1934
4 more not listed; retrieve them via the Exa API.