De Blasi v. Taddonio

Appellate Terms of the Supreme Court of New York

De Blasi v. Taddonio

142 N.Y.S. 271

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 17, 1913

StatusPublished

This text of 142 N.Y.S. 271 (De Blasi v. Taddonio) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Blasi v. Taddonio, 142 N.Y.S. 271 (N.Y. Ct. App. 1913).

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Opinion

BIJUR, J.

Plaintiff sues to recover $100, loaned to defendants. The defense is usury.

Defendants and their father and mother all testify that the plaintiff demanded and received at the end of each of three years $14 interest. Plaintiff claims, as I read the testimony, never to have either asked or received any interest, but only some $8 for disbursements which he had incurred. The judgment was for $68. If the learned trial judge believed the plaintiff, the judgment should have been for $100 at least; and if the defendants,/ to the effect that there had been usury, then the judgment should have been for the defendants. -

Judgment reversed, on the authority of Goldberg v. Blaine (Sup.) 137 N. Y. Supp. 893, and a new trial granted, with costs to appellants to abide the event. All concur.

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BIJUR, J.

Plaintiff sues to recover $100, loaned to defendants. The defense is usury.

Defendants and their father and mother all testify that the plaintiff demanded and received at the end of each of three years $14 interest. Plaintiff claims, as I read the testimony, never to have either asked or received any interest, but only some $8 for disbursements which he had incurred. The judgment was for $68. If the learned trial judge believed the plaintiff, the judgment should have been for $100 at least; and if the defendants,/ to the effect that there had been usury, then the judgment should have been for the defendants. -

Judgment reversed, on the authority of Goldberg v. Blaine (Sup.) 137 N. Y. Supp. 893, and a new trial granted, with costs to appellants to abide the event. All concur.

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Bluebook (online)

142 N.Y.S. 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-blasi-v-taddonio-nyappterm-1913.

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