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15 Johns. 355

Bennet v. D. Smith & Phelps

New York Supreme Court

Decided August 15, 1818

New York Supreme Court · decided 1818-08-15

THIS was an action of assumpsit on twelve promissory notes, dated June 3, 1811, for twenty-five dollars each, made by the defendants, payable to Caleb M. Fitch, or bearer, on the 1st of June, 1812. Plea, non assumpsit. The cause was tried at the Cortlandt circuit, in June, 1817, be-Mr. Justice Platt.

Good law ✅— No negative treatment on recordhow we know

Decided 1818-08-15

How this case has been cited

Cited by 14 later decisions — most recently February 1900

13 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Van Ness, J.

¶1The case of Munn v. The Commission Company, (ante, p. 44.) is decisively against you in this point. We decided that a note made for the purpose of being discounted at an usurious interest, and indorsed for the accommodation of the maker, was void in its original formation.

¶2Sherwood, contra, was stopped by the court.

Per Curiam.

¶3The motion to set aside the nonsuit must be denied.

¶4Motion denied.

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