Palmer v. Jones
New York Supreme Court
Appeal from special term, New York county. Action by Katherine Palmer against George Jones and others to obtain a cancellation of a mortgage and notes executed by plaintiff in defendants’ favor. Prom a judgment directing delivery by defendants to plaintiff of the mortgage and notes, defendants appeal.
1Opinion of the CourtO’Brien, J.
This suit was brought in equity for the cancellation of certain promissory notes made by plaintiff, and indorsed by her in blank, secured by a chattel mortgage, and for the cancellation of said mortgage, upon the ground that both notes and mortgages were tainted with usury. The evidence was sufficient to support the conclusion of the learned trial judge that the whole scheme arranged by defendants the Forgotstons was resorted to as a cloak to evade the statute against usury. Nothing upon the facts need be added to the very satisfactory opinion of the court below. The claim that the…
2Cases cited3 opinions
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Marquat v. . MarquatNew York Court of Appeals · 1855
- Van Voorhis v. KellyNew York Supreme Court · 1883
3Cited by6 opinions
- Brown v. JonesNew York Supreme Court · 1915
- East New York Savings Bank v. LangAppellate Division of the Supreme Court of the State of New York · 1941
- Clover v. SilvermanThe Superior Court of the City of New York and Buffalo · 1893
- Clover v. SilvermanThe Superior Court of New York City · 1893
- Weber v. ForgotstonAppellate Division of the Supreme Court of the State of New York · 1896
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