Henry & Pierce v. Bank of Salina
New York Supreme Court
On error from the supreme court. The Bank of Safina sued Henry and Pierce in the court below on a promissory note, and recovered judgment; whereupon the latter brought error. For the facts of the case, together with the opinion of the court below, see 1 Hill, 555 el seq.
1Opinion of the Court
Walworth, Chancellor.
The question presented in this case is; whether the real owner of a negotiable note which is usurious, can, by bringing a suit thereon in the name of a third person as the nominal plaintiff, evade the provisions of the second section of the act of May, 1837, to prevent usury. That section provides that whenever, in an action at law, the defendant shall plead or give notice of the defence of usury, and shall verify the truth of his plea or notice by affidavit, he may, for.the purpose of proving the usury, call and examine the plaintiff as a witness, in the same manner as…
2Cases cited5 opinions
- People v. MatherNew York Supreme Court · 1830
- Waller v. HarrisNew York Supreme Court · 1838
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
- People v. IrvingNew York Supreme Court · 1828
- White v. EverestSupreme Court of Vermont · 1828