Mayer v. Louis

Headnote

Demurrer.—Insufficiency of Defense.—Laws of Foreign State.

Where the defense sets up that the contract sued on is usurious according to the laws of a foreign State, the answer must show that the contract was governed by the law of such foreign State.

Demurrer to answer.

Elias Mayer sued Adolph Louis and Henry Rosenheim, in the Xéw York supreme court. The complaint charged the defendants as partners, and was founded on two certificates of deposit. These certificates were set out. They were signed A. Louis & Co. (the alleged partnership name of defendant), and acknowledged the receipt of money from the plaintiff, “payable with interest at the rate of eight per cent, per annum until paid.” These certificates were dated at Cincinnati. The defendant Rosenheim answered, denying the material allegations of the complaint, and setting up as a separate and distinct defense, as follows:

“That said alleged instruments were made and said sums therein deposited upon the corrupt, unlawful and usurious agreement between said plaintiff and said defendant Adolph Louis (who is the son-in-law of said plaintiff), in the name of defendant’s firm, that the defendants should pay the plaintiff for the loan of said sums of money, a greater sum than at the rate of six per cent, per annum as interest thereon, to wit, at the rate of eight per cent, per annum, contrary to the

laws and statutes of the State of Ohio, in such case made and provided.”

To the separate defense the plaintiff demurred, as not stating facts sufficient to constitute a defense.