121 N.Y.S. 677 | N.Y. App. Div. | 1910
The first question presented upon this appeal is one relating to practice. The respondent claims that wc have no power to review any question of law or fact, as it appears that no exceptions have been filed to the decision of the court. The. question of the necessity for exceptions where, as in this case, there is a certificate showing that it contains all the evidence, was presented in Hill v. White (46 App. Div. 360). In discussing, the question in that case we said: “ By section 992 of the Code exceptions to findings of fact in actions tried by the court are forbidden, and questions of fact in a. case like the present may be reviewed upon appeal without exceptions, provided that the case contains á certificate that' it contains all the evidence.” " ' -
The other question presented is whether there was a bona fide sale of the defendant’s wages or a device to cover a usurious loan. I think it is plain from the facts appearing in the record that the transaction was not an actual sale but a scheme by means of .which the most, flagrant extortion was intended to be practiced by the plaintiff upon the defendant.
The written instruments taken in connection with the history of
All concurred, except Chester, J., not voting, not being a member of the court when the decision was handed down.
Judgment reversed on law and facts and new trial granted, with costs to appellant to abide event.