National Bank of Auburn v. . Lewis
New York Court of Appeals
■ Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This was a reargument. The decision upon the former argument is reported in 75 N. Y. 516. The action was upon a promissory note, indorsed by defendant Lewis, for the accommodation of the makers, and discounted by plaintiff. Lewis alone answered.
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■ Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered upon a decision of the court, on trial without a jury. This was a reargument. The decision upon the former argument is reported in 75 N. Y. 516. The action was upon a promissory note, indorsed by defendant Lewis, for the accommodation of the makers, and discounted by plaintiff. Lewis alone answered. His answer alleged in substance, among other things, that the note, upon the day it bears date, was presented to plaintiff for discount, for the…
1Per curiam
A reargument was ordered in this case by reason of the recent decision of the Supreme' Court of the United States in Barnet v. The Muncie National Bank of Indiana (8 Otto, 555). In the case cited, the court, in con sidering the provision contained in section 30 of the Rational Currency Act of Congress of June 3, 1864 (13 Stat. 99), which relates to knowingly taking, receiving, reserving or charging an illegal rate of interest, holds that two categories are enforced, and the consequences denounced:
1. Where illegal interest has been knowingly stipulated for, •but not paid, there only the sum…
2Cases cited1 opinion
- NUDD v. Burrows, AssigneeSupreme Court of the United States · 1875
3Cited by11 opinions
- Gladwin State Bank v. DowMichigan Supreme Court · 1920
- Planters National Bank of Virginia v. Wysong & Miles Co.Supreme Court of North Carolina · 1919
- Farmers' Natl. Gold Bank v. StoverCalifornia Supreme Court · 1882
- First National Bank v. ChildsMassachusetts Supreme Judicial Court · 1882
- Burns v. ReevesSupreme Court of Alabama · 1899
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