Spain v. Talcott

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1915

Appellate Division of the Supreme Court of the State of New York · decided 1915-01-22

Appeal by the defendant, James Talcott, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of January, 1914, upon the decision of the court, after a trial at the New York Special Term. ■The judgment directed an accounting between the parties,

Decided 1915-01-22

Dowling, J. (dissenting):

¶1Having reached the conclusion that the contract between the parties and the defendant’s pretended services thereunder were but a cover for the collection of usury, and that the whole transaction amounted to no more than the loan of money at an usurious rate of interest, I dissent from the modification of the judgment appealed from and am in favor of affirmance.

¶2Judgment modified as indicated in opinion, and as modified affirmed, without costs. Order to be settled on notice.