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Shute v. Stattman

254 A.D. 783, 4 N.Y.S.2d 746, 1938 N.Y. App. Div. LEXIS 7592
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 27, 1938
StatusPublished
Cited by3 cases

This text of 254 A.D. 783 (Shute v. Stattman) 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
Shute v. Stattman, 254 A.D. 783, 4 N.Y.S.2d 746, 1938 N.Y. App. Div. LEXIS 7592 (N.Y. Ct. App. 1938).

Opinion

[784]*784no basis for an affirmative judgment in defendant’s favor, because they failed to plead a counterclaim for the recovery of these usurious payments and, in any event, an action therefor is required to be commenced within one year after the payment. (General Business Law, § 381.) Conclusion of law No. 8 is reversed. Appeal from findings of fact, conclusions of law and decision dismissed. No appeal lies therefrom. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.

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Cite This Page — Counsel Stack

Bluebook (online)
254 A.D. 783, 4 N.Y.S.2d 746, 1938 N.Y. App. Div. LEXIS 7592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shute-v-stattman-nyappdiv-1938.