New York Court of Appeals

The Merchants Exchange National Bank of the City of New York, Appellant v. the Commercial Warehouse Company of New…

June 11, 187249 N.Y. 635

Summary

The Court of Appeals reversed the lower court's demurrer, holding that the complaint sufficiently alleged a usurious agreement and that the plaintiff, as a privy in estate, may attack the usurious contract; the 1850 statute does not bar such a claim.