Cutler v. . Wright
New York Court of Appeals
Appeal from the Supreme Court. Action upon a promissory note, made by the defendant and one Dardin, dated at Apalachicola, in Florida, October 11,1841, and payable, at the same place, May 1, 1844, for the sum of $800 and interest at the rate of eight per cent, to Lewis Curtis and others, trustees, and by them indorsed to the plaintiff’s intestate. Two defences were interposed: 1st, the statute of limitations; and, 2d, usury.
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Appeal from the Supreme Court. Action upon a promissory note, made by the defendant and one Dardin, dated at Apalachicola, in Florida, October 11,1841, and payable, at the same place, May 1, 1844, for the sum of $800 and interest at the rate of eight per cent, to Lewis Curtis and others, trustees, and by them indorsed to the plaintiff’s intestate. Two defences were interposed: 1st, the statute of limitations; and, 2d, usury. To sustain the first defence, the defendant alleged in his answer that this action was not commenced within six years after the note became due and payable; and, to…
1Dissent
With regard to the defence of usury, the judge charged the jury that, if they found the contract, upon which the note was given, was in good faith intended to be performed in Florida, and was made in reference to the laws of that State, said note was not usurious, though made in the State of New York, and purporting to bear eight per cent interest on its face. There was no proof whatever of what rate of interest the laws of Florida allowed; and if it devolved on the plaintiff to prove this, I am inclined to think the charge erroneous; otherwise, it was correct. He was right in assuming that…
2Cases cited1 opinion
- Greenwade v. GreenwadeCourt of Appeals of Kentucky · 1835