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8 Cow. 299

Coster v. Dilworth

New York Supreme Court

Decided February 15, 1828

New York Supreme Court · decided 1828-02-15

Ow error from the C. P. of Uevv-York. The action be-*ow was assumPsit by Dilworth and Yoorhees, indorsees against Coster, payee and indorser of a promissory note *mac^e by Murgatroyd, for $240, dated October 22d, 1825.

Cited by 1 later decisions — most recently January 1881

Good law ✅— No negative treatment on recordhow we know

Decided 1828-02-15

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Ouria, per SAVAGE, Oh.

¶1Justice. The proper question was put to the jury, whose verdict cannot be reviewed here as to the weight of evidence. They have negatived the fact set up by the defendant below, that Johnson was a principal; which leaves the case much like that of Dagnall v. Wigley, (11 East, 43.) In that case, a bill of exchange, ■^procured like the note now in question, was held not to be usurious, upon the ground that the person advancing the money received no more than legal interest, the person receiving more, a broker, being the drawers’ own agent.

¶2Judgment affirmed.

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