Legal Opinion

Ferguson v. Bien

Appellate Terms of the Supreme Court of New York

Decided June 15, 1905PublishedCited by 1 opinion

Appeal by the plaintiff from a judgment of the City Court of the city of New York, entered upon the verdict of a jury.

1Opinion of the CourtMacLean, J.

Usury was one of the defense's in this, an action upon a promissory note, and over it there was sharp contradiction. The plaintiff rested upon the presumption arising from possession of the note, its iptroduction in evidence, proof of partial payments tliereon and of the interest. The defendants in turn gave evidence of a deduction from the face value of the note and of statements by the plaintiff’s son acting as agent in the transaction. Respecting *619their controversy the learned trial justice charged at length and so explicitly that no exception was, or well could be, taken by cither side.…

2Cases cited2 opinions

  1. Stewart v. . DrakeNew York Court of Appeals · 1871
  2. Morrison v. VerdenalNew York Supreme Court · 1889

3Cited by1 opinion

  1. Silverman v. KatzAppellate Terms of the Supreme Court of New York · 1910

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