London Realty Co. v. De Lacey

Appellate Terms of the Supreme Court of New York

London Realty Co. v. De Lacey

117 N.Y.S. 899

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1909

StatusPublished

This text of 117 N.Y.S. 899 (London Realty Co. v. De Lacey) 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

London Realty Co. v. De Lacey, 117 N.Y.S. 899 (N.Y. Ct. App. 1909).

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Opinions

PER CURIAM.

It seems almost conclusive, from reading the testimony of the defendant, that the loan made to the defendant was founded in usury. Before the case was closed, however, the plaintiff’s attorney, at whose office the transaction was consummated, requested to be allowed to testify in behalf of the plaintiff. This right was denied him by the trial justice, and this constitutes reversible error. Evidence might have been adduced which would have convinced the trial justice-of the legality of the loan, and this the plaintiff had the right to prove, if he could.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

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PER CURIAM.

It seems almost conclusive, from reading the testimony of the defendant, that the loan made to the defendant was founded in usury. Before the case was closed, however, the plaintiff’s attorney, at whose office the transaction was consummated, requested to be allowed to testify in behalf of the plaintiff. This right was denied him by the trial justice, and this constitutes reversible error. Evidence might have been adduced which would have convinced the trial justice-of the legality of the loan, and this the plaintiff had the right to prove, if he could.

Judgment reversed, and new trial ordered, with costs to the appellant to abide the event.

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Bluebook (online)

117 N.Y.S. 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-realty-co-v-de-lacey-nyappterm-1909.