Bruck v. Lambeck

The action is brought by a holder of a promissory note against the maker and indorsers thereof. The answers interposed by the defendant indorsers set up the defense of usury in the inception of the paper. It is alleged in the complaint and it appeared upon the trial that the indorsements were the usual accommodation or surety indorsements prior to delivery and negotiation of the paper for value. The note, therefore, had its inception, if any, in the consideration given therefor by plaintiff (Eastman v. Shaw, 65 N. Y. 522) and not before, and the issue arises therefore in legal effect as…