Legal Opinion · Dissent

Schlesinger v. . Gilhooly

New York Court of Appeals

Decided June 4, 1907Published

Appeal from a judgment, entered December 10,1906, npon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court.

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Appeal from a judgment, entered December 10,1906, npon an order of the Appellate Division of the Supreme Court in the first judicial department overruling defendant’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for plaintiff on the verdict directed by the trial court. The complaint sets forth two causes of action in favor of the plaintiff as receiver of the Federal Bank of New York, a domestic hanking corporation, each founded on a promissory note made by the defendant, payable to his own order. The…

1Dissent

Cullen, Ch. J.

(dissenting). I dissent from the decision about to be made.. That statutes regulating the rate of interest to be charged for loans of money and punishing usury are a constitutional exercise of the police power of the state is settled by authority. (Cooley’s Principles of Constitutional Law [3d ed.], p. 260.) Such laws may be, as claimed by the political economists, mere relics of barbarism. ¡Nevertheless, as they have been enacted for ages in every country, nobody but a theorist would deny their validity however much jurists might deplore their drastic character* In this state…

2Cases cited24 opinions

  1. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  2. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  3. Beer Co. v. MassachusettsSupreme Court of the United States · 1878
  4. Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
  5. United States v. E. C. Knight Co.Supreme Court of the United States · 1895

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