New York Court of Appeals

Julia E. Stillman, Appellant v. George B. Northrup, Respondents

June 5, 1888109 N.Y. 473

Summary

The Court reversed the lower court's judgment, holding that the usury defense failed because the plaintiff lacked knowledge or assent to the excess interest, and that the guaranty in the assignment was not personal and was properly vested in the plaintiff by a subsequent assignment. A new trial before a new referee was ordered.