Wayne County Savings Bank v. Low
New York Court of Common Pleas
Appeal by defendant from a judgment entered upon the report of a referee. The action was brought by the Wayne County Savings Bank, situated at Honesdale, Pennsylvania, against Henry ft.
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Appeal by defendant from a judgment entered upon the report of a referee. The action was brought by the Wayne County Savings Bank, situated at Honesdale, Pennsylvania, against Henry ft. Low, of Middletown, New York, to recover upon a promissory note of which the following is a copy: “$2,000. Middletown, N. Y. Jan’y 20, 1875. ' Six months after date for value received, Í promise to pay H. C. Hand, cashier or order, at the First National Bank of Middletown, N. Y., two thousand dollars, without defalcation. “ H. ft. Low.” This note was a balance due upon a former note for $10,000, dated July 24,…
1Opinion of the Court
Daly, Ch. J.
The case now before us is not, I think, distinguishable from Jewell v. Wright (30 N. Y. 359), and if the decision of the court of appeals, in that case, is to be followed, it would be decisive of this. It was held, in Jewell v. Wright, that a note drawn, dated, payable and delivered to the payee in New York, and taken by him to the State of Connecticut, where it was discounted at a rate of interest allowed by law in Connecticut, but greater than is allowed in this State, is to be regarded here as usurious and void, and that no action here can be maintained upon it.
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2Cases cited20 opinions
- Andrews v. PondSupreme Court of the United States · 1839
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Pratt v. AdamsNew York Court of Chancery · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Cutler v. . WrightNew York Court of Appeals · 1860
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3Cited by7 opinions
- In re the Judicial Settlement of the Account of Central Union Trust Co.New York Surrogate's Court · 1922
- Le Baron v. Van BruntNew York Court of Common Pleas · 1880
- Wicks v. MonihanNew York Supreme Court · 1889
- Le Baron v. Van BruntNew York Court of Common Pleas · 1880
- Scott v. PerleeOhio Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.