Green v. Brown
New York Supreme Court
Trial of an issue of law in an action upon a promissory note. The complaint alleges the note to have been dated, and' made and delivered by the defendant to the plaintiff, at St. Louis, Mo., and by its terms to be payable to the order of the plaintiff one year after date at a named bank in the City of New York, with interest at the rate of six per cent, until maturity, and after maturity at the rate of eight per cent.
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Trial of an issue of law in an action upon a promissory note. The complaint alleges the note to have been dated, and' made and delivered by the defendant to the plaintiff, at St. Louis, Mo., and by its terms to be payable to the order of the plaintiff one year after date at a named bank in the City of New York, with interest at the rate of six per cent, until maturity, and after maturity at the rate of eight per cent. The answer pleads as a defence that the note was not made and delivered at St. Louis, but at New York City, and that the agreement to pay eight per cent, interest after maturity…
1Opinion of the Court
Gaynor, J.:
A note or other contract for the payment of money is not usurious and void for providing for the payment of more than the statutory rate of interest after maturity (Pomeroy v. Ainsworth, 22 Barb. 124; Sumner v. People, 29 N. Y. 337; Bank of Chenango v. Curtiss, 19 Johns. 335).
That there is incorporated in the.defence a denial of the allegation of the complaint that the note was given for value, does not prevent the demurrer from being sustained. This denial had already been pleaded in the appropriate place for denials, and should not have been repeated. And a denial is not a “…
2Cases cited5 opinions
- Whitlatch v. . Fidelity and Casualty Co.New York Court of Appeals · 1896
- Sumner v. . the PeopleNew York Court of Appeals · 1864
- Pomeroy v. AinsworthNew York Supreme Court · 1856
- Flechter v. JonesNew York Supreme Court · 1892
- Bank of Chenango v. CurtissNew York Supreme Court · 1822
3Cited by7 opinions
- Cruikshank v. Press Publishing Co.New York Supreme Court · 1900
- Kelly v. SammisNew York Supreme Court · 1898
- von Hagen v. Waterbury Manufacturing Co.New York Supreme Court · 1898
- Mitnacht v. HawthorneNew York Supreme Court · 1900
- Rogers v. MortonNew York Supreme Court · 1905
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