Short v. Taylor Maide Co.

Appellate Division of the Supreme Court of New York

Short v. Taylor Maide Co.

271 A.D.2d 464

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

DecidedNovember 29, 1946

StatusPublished

This text of 271 A.D.2d 464 (Short v. Taylor Maide Co.) 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.

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Short v. Taylor Maide Co., 271 A.D.2d 464 (N.Y. Ct. App. 1946).

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Opinion

Per Curiam.

The evidence deafly establishes that the transaction was a loan negotiated and made in the State of New Jersey. The $1,000 was advanced with the understanding that it was to be repaid within four months together with a bonus of $400. While such an agreement would be wholly unenforcible if made in this State, the laws of the State of New Jersey permit a recovery to the extent of the actual amount loaned. (Revised Statutes of New Jersey, tit. 31, § 31: 1-3.)

Effect should therefore have been given to the laws of New Jersey. (West. T. & Coal Co. of Mich. v. Kilderhouse, 87 N. Y. 430; Wayne County Savings Bank v. Low, 81 N. Y. 566.)

The judgment appealed from should therefore be reversed, with costs of this appeal and judgment directed for plaintiff in the amount of $1,000, without costs.

Martin, P. J., Townley, Glennon, Dore and Cohn, JJ., concur.

Judgment unanimously reversed, with costs of this appeal to the appellant and judgment directed for plaintiff in the amount of $1,000, without costs. Settle order on notice.

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