National Bank v. Lewis
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action is on a note made by Beach Brothers & Co., for $1,680, bearing date the 31st of August, 1874, payable three months after date to the order of William Baker at the National Bank of Auburn. The answer contains six defenses: The first is a denial of the delivery to the plaintiff of said note, or that he is indebted thereon. Second.
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Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action is on a note made by Beach Brothers & Co., for $1,680, bearing date the 31st of August, 1874, payable three months after date to the order of William Baker at the National Bank of Auburn. The answer contains six defenses: The first is a denial of the delivery to the plaintiff of said note, or that he is indebted thereon. Second. That he was an indorser on said note for accommodation of the makers, and without any consideration therefor ; that it was made and indorsed…
1Opinion of the Court
Mullin, P. J.:
All the defenses, except the fourth, are based upon usury, and if that defense is not available, it will not be necessary to consider any of the allegations connected with it.
The plea of usury at the common law, and the answer setting up the same defense under the Code, must set forth the usurious agreement, the names of the parties between whom it was made, the amount loaned, the amount of usury agreed to be paid, the length of time for which the loan was agreed to be made, and that the agreement was corrupt. (Manning v. Tyler, 21 N. Y., 567; Fay v. Grimsteed, 10 Barb., 321;…
2Cases cited4 opinions
- Manning v. . TylerNew York Court of Appeals · 1860
- Fay v. GrimsteedNew York Supreme Court · 1851
- Stephens v. VromanNew York Supreme Court · 1854
- Bank v. Van AntwerpNew York Supreme Court · 1857