Catlin v. . Gunter
New York Court of Appeals
Appeal from a judgment of the superior court of the city of Few-York. The action was commenced in 1851, to recover the amount of a promissory note of which the defendant was the maker. It was dated February 24th, 1851, and was for the payment of $819.68, in five months from date, to the defendant’s own order, and was indorsed by him.
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Appeal from a judgment of the superior court of the city of Few-York. The action was commenced in 1851, to recover the amount of a promissory note of which the defendant was the maker. It was dated February 24th, 1851, and was for the payment of $819.68, in five months from date, to the defendant’s own order, and was indorsed by him. The complaint after describing the note averred that the plaintiff was the lawful holder and owner of it, and that the defendant was justly indebted to him in its amount. The answer admitted the making of the note, but denied that the plaintiff was the lawful…
1Opinion of the CourtJohnson, J.
The plaintiff’s counsel insists, in the first place, that the note upon which this action was brought had a legal inception in the hands of Crandall. If this is so, no subsequent negotiation of it upon an usurious consideration could defeat the action against the maker. If this point should be decided against him, he then contends that there was no evidence of usury sufficient to have been submitted to the jury; but if wrong in this, he further maintains that the usurious contract which the evidence tended to prove, was so far variant from that set up in the answer, that it could not be…
2Cases cited1 opinion
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