Gunn v. Snaggs

Appellate Division of the Supreme Court of New York

Gunn v. Snaggs

271 A.D.2d 824

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 29, 1946

StatusPublished

This text of 271 A.D.2d 824 (Gunn v. Snaggs) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gunn v. Snaggs, 271 A.D.2d 824 (N.Y. Ct. App. 1946).

Pincite

Opinion

We are of the opinion that the defendant did not sustain the burden of proving usury. We also think the court should have admitted in evidence the bank records of plaintiff showing his withdrawal of $1,500 on the day of making the alleged loan in that amount to defendant. For these reasons and because there may be additional testimony on a retrial, the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ. 4

Free access — add to your briefcase to read the full text and ask questions with AI

We are of the opinion that the defendant did not sustain the burden of proving usury. We also think the court should have admitted in evidence the bank records of plaintiff showing his withdrawal of $1,500 on the day of making the alleged loan in that amount to defendant. For these reasons and because there may be additional testimony on a retrial, the judgment should be reversed and a new trial ordered, with costs to the appellant to abide the event. Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event. Present — Martin, P. J., Townley, Glennon, Callahan and Peck, JJ. 4

Cite This Page — Counsel Stack

Bluebook (online)

271 A.D.2d 824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunn-v-snaggs-nyappdiv-1946.