Payne v. . Freer
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the third judicial department, entered upon an order made September 6, 1881, which reversed a judgment in favor of plaintiff, entered upon • a decision of the court on trial at Special Term. (Reported below, 25 Hun, 124). This action was brought by plaintiff, as “ trustee for Schuyler County Bank,” to foreclose a mortgage executed by George G. Freer and wife. The material facts are stated in the opinion.^
1Opinion of the CourtFinch, J.
Three persons formed a co-partnership for the purpose of transacting a banking business, under the name and style, as a firm, of the Schuyler County Bank. The terms of their agreement were fixed by written articles, providing' that the mode of conducting their business should, as far as possible, be like that adopted by regular banks; and, among other usual and ordinary provisions, containing one out of which has grown the present litigation. It was stipulated that “ to each or either of said co-partners there shall be allowed a rate of six and one-half per cent on the average amount of his…
2Cases cited8 opinions
- Cole v. . ReynoldsNew York Court of Appeals · 1858
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
- Mills v. Salisbury Building & Loan Ass'nSupreme Court of North Carolina · 1876
- Walker v. WaitSupreme Court of Vermont · 1878
- Herbert v. Kenton Building & Saving Ass'nCourt of Appeals of Kentucky · 1875
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3Cited by9 opinions
- Donatelli v. SiskindAppellate Division of the Supreme Court of the State of New York · 1991
- United States Trust Co. v. McSweeneyAppellate Division of the Supreme Court of the State of New York · 1982
- City Bank of Honolulu v. TennHawaii Supreme Court · 1970
- State v. LarsonWashington Supreme Court · 1922
- Orvis v. CurtissNew York Court of Common Pleas · 1895
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