General

Stephen Lusk, Respondent, v. John C. Campbell et al., Appellants

63 N.Y. 619·New York Court of Appeals·1875·NY

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Opinion

Stephen Lusk, Respondent, v. John C. Campbell et al., Appellants. (Submitted October 8, 1875; decided November 16, 1875.) This action was upon a promissory note for $550. (Reported below, 3 Hun, 607.) Defendants, in their answer, which was verified, set up usury, and also that the note should have been for $500, but by mistake was drawn for $550. The referee found the last issue in their favor and gave judgment only for the sum actually due. Held, that defendants could not complain or seek to reverse the judgment on the ground that the evidence was insufficient to warrant the finding; also, that the issue of usury was necessarily found against them by the finding that the excess in the note was the result of a mistake. E. R. Keyes for the appellants. J. P. Sanders for the respondent. [MAJORITY — Andrews, J.,] Andrews, J., reads for affirmance. All concur. Judgment affirmed.