Guenther v. Amsden
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Monroe county. Action by John F. Guenther and Helen Guenther against Frank J. Amsden and Henry 0. Amsden. From a judgment entered on a verdict directed by the court in favor of plaintiffs, and from an order denying a motion for a new trial, made on the minutes, defendants appeal. Affirmed.
1Opinion of the CourtWard, J.
The points made to secure a reversal of this judgment that we deem important to consider are that there was not sufficient evidence of the usurious agreement; that the court erred in permitting the amendment of the complaint to several of the causes of action stated in the complaint upon which the plaintiffs recovered so as to conform to the proof in the respect that, whereas, the notes upon their face did not bear interest, while the allegation in the complaint was that they were payable with interest; that the court erred in permitting the plaintiffs to give evidence of transactions and…
2Cases cited4 opinions
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Catlin v. . GunterNew York Court of Appeals · 1854
- Miller v. ReynoldsNew York Supreme Court · 1895
- Cohen v. MoshkowitzAppellate Terms of the Supreme Court of New York · 1896