Stafford v. Rice

New York Supreme Court

Stafford v. Rice

5 Cow. 23

CourtNew York Supreme Court

DecidedOctober 15, 1825

StatusPublished

Cited by2 cases

This text of 5 Cow. 23 (Stafford v. Rice) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stafford v. Rice, 5 Cow. 23 (N.Y. Super. Ct. 1825).

Pincite

Opinion

Woodworth, J.

Winton v. Saidler is not law. It is now several years since that case has been acted upon; and in Powell v. Powers it was directly overruled.

Sutherland, J.

Under the latter decisions, a witness, whose name appears upon negotiable paper, may be received to prove usury in its inception.

Savage, Ch. J.

Winton v. Saidler has been repeatedly overruled, and can no longer be considered as law.

Lansing agreed, that if that case was not law, there must be a new trial; and,

Per totam Curiam.

New trial granted.

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