New York Supreme Court, 1825

Stafford v. Rice

Stafford v. Rice
New York Supreme Court · Decided October 15, 1825 · Savage, Sutherland, Woodworth
5 Cow. 23

Counsel

S. Stevens, for the defendant,, Jacob Lansing, contra.

Stafford v. Rice

Opinion of the Court

Woodworth, J.

Winton v. Saidler is not law. It is now several years since that case has been acted upon; and in Powell v. Powers it was directly overruled.

Sutherland, J.

Under the latter decisions, a witness, whose name appears upon negotiable paper, may be received to prove usury in its inception.

Savage, Ch. J.

Winton v. Saidler has been repeatedly overruled, and can no longer be considered as law.

Lansing agreed, that if that case was not law, there must be a new trial; and,

Per totam Curiam.

New trial granted.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.