Oleet v. Pennsylvania Exchange Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBreitel, J.
Defendant hank appeals from denial of its motion, pursuant to rule 106 of the Buies of Civil Practice, to dismiss the complaint for legal insufficiency. It is sued by its former borrowers on two causes of action. The first is to recover twice the amount of usurious interest allegedly paid by plaintiffs to defendant bank. The second cause of action, apparently, is for fraud based upon the bank’s false representation of its intention to carry a loan for three years despite the fact that the loan was to he, and was, evidenced by short-term paper.
The order should be modified to dismiss the second…
2Cases cited7 opinions
- Fruhauf Southwest Garment Co. v. United StatesUnited States Court of Claims · 1953
- Dunham v. . GriswoldNew York Court of Appeals · 1885
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- White v. . AshtonNew York Court of Appeals · 1873
- Matthews v. . CoeNew York Court of Appeals · 1877
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3Cited by44 opinions
- 805 Third Ave. Co. v. M.W. Realty AssociatesNew York Court of Appeals · 1983
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- Scientific Holding Company, Ltd. v. Plessey IncorporatedCourt of Appeals for the Second Circuit · 1974
- Stewart M. Muller Construction Co. v. New York Telephone Co.New York Court of Appeals · 1976
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