15 Daly 99 | New York Court of Common Pleas | 1888
This action was brought to recover the balance due on a bond given by the defendant to Henry Kurtz, and by him assigned to Zimri West, who subsequently assigned to the plaintiff, his son; the latter claiming it was so assigned as collateral security for moneys loaned. The defendant interposed three defenses: First, payment; secondly, that the plaintiff, being an attorney, took the bond for the purpose of bringing an action thereon; and, thirdly, usury. Only the second and third defenses were litigated on the trial. The jury were instructed by the court to answer two questions: (1) Did the plaintiff purchase the bond in suit with the intention and for the purpose of bringing an action thereon? This they answered in the affimative. The second question was in relation to the alleged usury, and this they answered in the negative. A general verdict was thereupon rendered for the defendant; hence this appeal.
When the appeal was first before a general terra of this court, the judgment was affirmed,
Van Hoesen, J., concurs.
No opinion.