24 Wend. 114 | N.Y. Sup. Ct. | 1840
By the Court,
The note was transferred before the usury act of 1837 took effect; the plaintiffs received it in good faith, without any
We were referred by the counsel for the defendants to the case of The Ypsilanti Bank v. Martin and others, decided on the argument at July term, 1839. I have looked into the papers in that case, aad it does not appear that the bank had parted with the proceeds of the note, by either paying over the money to Stevens f Co., or applying it in satisfaction of their debt. We thought the plaintiffs had not made out, that they had in any way paid value for the note, and on that ground the report of the referee was set aside.
Hew trial denied.