London v. Fagnant

Appellate Division of the Supreme Court of New York

London v. Fagnant

229 A.D. 731

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

DecidedApril 15, 1930

StatusPublished

This text of 229 A.D. 731 (London v. Fagnant) 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

London v. Fagnant, 229 A.D. 731 (N.Y. Ct. App. 1930).

Pincite

Opinion

Order of Appellate Term affirmed, without costs. The testimony of plaintiff and of the witness Phillips warranted the inference that there was usury. Lazansky, P, J., Rich and Kapper, JJ., concur; Hagarty and Scudder, JJ., dissent and vote to reverse, with the following memorandum: The record does not contain any competent evidence of usury. The statement by the defendant maker to the defendant accommodation indorser, that the full amount of the note was not advanced, is hearsay and has no probative force.

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Order of Appellate Term affirmed, without costs. The testimony of plaintiff and of the witness Phillips warranted the inference that there was usury. Lazansky, P, J., Rich and Kapper, JJ., concur; Hagarty and Scudder, JJ., dissent and vote to reverse, with the following memorandum: The record does not contain any competent evidence of usury. The statement by the defendant maker to the defendant accommodation indorser, that the full amount of the note was not advanced, is hearsay and has no probative force.

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Bluebook (online)

229 A.D. 731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/london-v-fagnant-nyappdiv-1930.