The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-12-01
Comma Pleas.
Before q full Ranch.

Nov. 30.-DEcrsroNs.-SetA PERU va. E6snt-er Limon
usurous reserving per cent interest," when the
maker and payee both reside in Connecticut where six
per cent eay Is allowed The original note made
by three notes, rsservng seveh per interest paya
bic in Connecticut where the resided and still
SIDES a!though they did business also in this city The
came before Judge ngraham on an action of assump
sit in September last where verdict was taken Tor plain
case having been argued before q full Bench, the
Court say that they are not certain that any contract
laws would held to Be usrous even The parties
resided in another state where less OF
allowed But the rule as to inter est is that is be
puted according to the laws OF the place where the
tract Is to be executed In the view taken of the by
the Court they Of opinion that the verdict may be
sustained for the amount and concedng the three
notes to be void for usury, in that case the plaintiff
would resort to the original note and upon it
The original note produced for $sOOO-and even il it
given up previously the plaintiff could recover up
on It, Giving the defendant then the most favorable
view Of this case the plaintiffs entitled to recover $4,000
the 18th September ls44 which would exceed the amount
Of the verdict taken-he verdict is therefore sustained
D1el Blakeiy ads John RiceThis was an appeal from
an order made at Chambers Rice brought his action
belongingto Rice. The action was in form tort but in
reality wps for the violation Of his contract deliver
& tine the Se nsn
tif Shortly after this the plaintiff fled his petition and
sche9ee in bankruptcy and it is admitted by both parties
that Bakelys claim for costs in this suit inserted by
Rice in this schedule Of debts and liabilities Rice re-
ceived his certificate of bankruptcy in May 1884, and IN
June following the defendant this filed judgment
for costs against plaintiff for $500 The principal ques
ton raised by the counsel for defence whether judy
ment obtained in action Of tort be. affected by
bankrupt discharge The order made in the case and
which Is appealed from, ordered perpetual stay of pro-
ceedings, and directed the clerk satisfy Judgment of
record upon payment OF certain portion oil the costs
subsequent TO 9th Nay ls43 The Court now order that
the order made at Chambers be revoked without costs
c. Gray va Charles Nt,cman This case came up on
plaintiffs demurrer to defendants plea Of Bankruptcy
Order Judgment for defendant demurrer VITA liberty
to plaintiff on payment Of costa, to reply.
John r. Sehemerhorn YIN. X .armstrong and Bsr-
W 4. WooduFThe plaintiff in this cause sues the de-
fendant in dent as the assignee in of certain
promises demsed by the paat the defendant for Eve
years from tho first Of February 1885, The defendant
plead that he assigned to another before the rent accrued
and that the assignee in possession Plaintiff demur
red to these plens and the Court gave following
IN deciding on the sufciency Order-Judgment for de-
PENDANT on his demurrer to the repl cat0n his 4h
plea and Judgment for plaintiff his demurrer to defen
dants' ID and 80 pleas Each party may amend pay
ment OF costs.
Michael H. Babcock ads. Wm S. Finch.-This was an
action OF assumps brought to for labor and
terai furnished for nayng pipe for the introduction Of
Croton water into certain premises The Jury found for
plaintiff 9j This verdict defendant seeks to set ssde
Order verdict confirmed with costs
Christian Lang ads .4sros SincheimerThis was
ton OF Islander IN which the jury found for plaintiff $75
and defendant moves for a trial which motion s de-
MED. and the verdict il confirmed, with costs
Crsmmeln vs. Lgfsrge The jury in this case rendered
verdict for plaintiff, 500 damages