Nash v. White's Bank of Buffalo
New York Supreme Court
■ Appeal by the defendants from judgments, entered on the reports-of a referee. The actions were commenced in October, 1873, founded on chapter 163, of the Laws of 1870, to recover penalties given by that act for tak ing illegal rates of .interest.
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■ Appeal by the defendants from judgments, entered on the reports-of a referee. The actions were commenced in October, 1873, founded on chapter 163, of the Laws of 1870, to recover penalties given by that act for tak ing illegal rates of .interest. The complaint in the first action contains 274 counts, by each of which the plaintiff charges that he presented to the defendant a promissory note (describing it), and made application for its discount, and that the defendant purchased of him and discounted the note “ at a greater rate of interest than seven per cent per annum (specifying amount,…
1Opinion of the Court
Beadley, J.:
The defendants are banking associations, organized pursuant te the general law of the State. Their place of business is the city of Buffalo. They came within the provisions of chapter 163, Laws of 1870. And these actions were brought to recover upon liabilities-alleged to have been incurred by receiving from the plaintiff and reserving a greater rate of interest on the discount of notes presented by him and discounted by the defendants than that allowed by the statute. This is a review of the third trial. That of the first appears in 68 New York Reports, 396, In that of the second…
2Cases cited8 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- People Ex Rel. Canajoharie National Bank v. Board of SupervisorsNew York Court of Appeals · 1876
- Palmer v. Conly & JohnsonNew York Supreme Court · 1847
- Knox v. . BaldwinNew York Court of Appeals · 1880
- Fisher v. New York Central & Hudson River RailroadNew York Court of Appeals · 1871
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