137 Misc. 396 | City of New York Municipal Court | 1930
Action on two promissory notes drawn and signed by the defendant in Virginia on November 25, 1919, payable one and two years after date, and mailed by him to the payee in Ohio, where they were received in regular course of mail. The notes were given for a good consideration and bear interest at seven per cent and provide for a ten per cent attorney’s fee. Before suit and after maturity the notes were assigned to plaintiff for the purpose of bringing suit. The defenses raised are usury, the Statute of Limitations, and the plaintiff is not the real party in interest.
The question of usury is governed by the law of the place where the note is made, and the law of the forum is of no consequence. (City National Bank in Miami v. Lake Construction Co., 227 App.
Verdict for plaintiff for $1,002.83. Exception to defendant. Five days’ stay of execution after service of judgment, with notice of entry, and thirty days to make a case. Submit findings accordingly.