Harger v. McCullough
New York Supreme Court
The defendant was sued as a stockholder in the Rossie Galena Company, and the action was tried in July, 1844, at the St. Lawrence circuit, before Willard, C. Judge. On the 22d of January, 1839, the plaintiffs sold to the Rossie Galena Company 75 barrels of pork and 30 bushels of beans for $1542,50, to be paid for in cash.
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The defendant was sued as a stockholder in the Rossie Galena Company, and the action was tried in July, 1844, at the St. Lawrence circuit, before Willard, C. Judge. On the 22d of January, 1839, the plaintiffs sold to the Rossie Galena Company 75 barrels of pork and 30 bushels of beans for $1542,50, to be paid for in cash. But being then unable to pay, the company on the 24th of January gave the plaintiffs a note for the amount payable in twenty days at the Jefferson County Bank. The nota#svas protested for non-payment, and taken up by the plaintiffs. After several communications on the…
1Opinion of the Court
By the Court, Bronson, Ch. J.
We are referred to Williams v. Hance, (7 Paige, 581,) as an authority .to prove the bill void *122for usury. But in that case one half of the expenses of the creditor’s journey were included in the mortgage, when the journey had not been made at the request of the debtor, nor upon any promise to pay the expenses; while here the journey Was made at the request of the company, and upon its express undertaking to pay the expenses. The $7,50 might have been recov ered from the company although no arrangement in relation to the original debt had been made. It was so much…
2Cases cited3 opinions
- Allen v. SewallNew York Supreme Court · 1829
- Marquand v. WebbNew York Supreme Court · 1819
- Williams v. HanceNew York Court of Chancery · 1839
3Cited by43 opinions
- Miller v. . WhiteNew York Court of Appeals · 1872
- Thurston v. . CornellNew York Court of Appeals · 1868
- Aspinwall v. . SacchiNew York Court of Appeals · 1874
- Brown v. . RobinsonNew York Court of Appeals · 1918
- Corey v. WhiteNew York Supreme Court · 1848
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