In White v. Benjamin, 138 N.Y. 623, 625, the court said: "There is some evidence from which it could be inferred that the defendant [borrower] at various times paid to Mr. White [lender] more than the legal rate of interest; but it does not appear that such payments were made in pursuance of a usurious agreement. It is fairly inferable from all the evidence that the payments were voluntarily made by the defendant and not in pursuance of any exaction made by Mr. White at the time of the loan of money."Summary of this case from Hopkins v. Flower
Argued April 13, 1893
Decided April 25, 1893
J. Hampden Dougherty for appellant.
William C. Beecher and Alexander B. Simonds for respondents.
EARL, J., reads for affirmance.
All concur, except MAYNARD, J., not voting.