Condit v. . Baldwin
New York Court of Appeals
Appeal from the Supreme Court. Action on a promissory note. Defence, usury. On the trial before the court a jury having been waived, these facts appeared: The plaintiff resided in the State of New Jersey, and the defendants at Newark in Wayne county. The plaintiff placed in the hands of S. K. Williams, an attorney and counsellor at law, also residing at Newark, the sum of $400, to invest for her at lawful interest.
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Appeal from the Supreme Court. Action on a promissory note. Defence, usury. On the trial before the court a jury having been waived, these facts appeared: The plaintiff resided in the State of New Jersey, and the defendants at Newark in Wayne county. The plaintiff placed in the hands of S. K. Williams, an attorney and counsellor at law, also residing at Newark, the sum of $400, to invest for her at lawful interest. On or about the 1st of May, 1851, the defendant Baldwin made application to Mr. George C. Mills, also residing in Newark, to procure a loan for him for $400, for two years, on…
1Opinion of the CourtDavies, J.
The statutes of this State prohibit any person from taking or receiving for the loan of money more than seven per cent per annum. They also provide that any person who shall pay or deliver in money, goods, &c., on such loan, any greater sum than is thus allowed, may recover in an action against the person who shall have taken or received the same, the excess of interest so paid. It is also provided that any person who shall receive any greater interest, discount or consideration than is prescribed, shall be deeméd guilty of a misdemeanor, and on conviction shall be punished by fine or…
2Cases cited5 opinions
- Owings v. HullSupreme Court of the United States · 1835
- Bank of the United States v. Waggener and OthersSupreme Court of the United States · 1835
- Commonwealth v. FrostMassachusetts Supreme Judicial Court · 1809
- Austin v. HarringtonSupreme Court of Vermont · 1855
- Baxter v. BuckSupreme Court of Vermont · 1838
3Cited by79 opinions
- Stillman v. . NorthrupNew York Court of Appeals · 1888
- Call v. PalmerSupreme Court of the United States · 1885
- State Ex Rel. Turner v. Younker Brothers, Inc.Supreme Court of Iowa · 1973
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Smith v. . TracyNew York Court of Appeals · 1867
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