Nash v. . White's Bank of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 37 Hun, 57.) This action was broght in 1873 to recover penalties alleged to have been incurred under the act (Chap. 163, Laws of 1870), by defendant in discounting paper at a greater rate ot interest than seven per cent.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1885, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 37 Hun, 57.) This action was broght in 1873 to recover penalties alleged to have been incurred under the act (Chap. 163, Laws of 1870), by defendant in discounting paper at a greater rate ot interest than seven per cent. It is reported upon a former appeal in 68 Hew York, 396. The judgment upon the report of the referee was entered in…
1Per curiam
We are of opinion that the effect of the act of 1880 (Chap. 567) was to repeal the penalties imposed by chapter 163 of the laws of 1870, and that consequently this action, which was brought under the act of 1870, could no longer be maintained, the act of 1880 containing no provision saving pending actions or existing rights of action.
The provisions of the general repealing act of 1828 (§§ 6, 7) related only to the acts repealed by that statute and had no effect on subsequent legislation. (Mongeon v. People, 55 N. Y. 613.)
If the act of 1870 was repealed by the act of 1880 the subsequent…
2Cases cited1 opinion
- Mongeon v. . People of the State of N.Y.New York Court of Appeals · 1874
3Cited by11 opinions
- Spokane & Eastern Trust Co. v. HartWashington Supreme Court · 1923
- Bank of Metropolis v. . FaberNew York Court of Appeals · 1896
- Young v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1902
- In re Arnett's EstateNew York Supreme Court · 1888
- In re City of BuffaloSuperior Court of Buffalo · 1891
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