Knickerbocker Life Ins. Co. v. . Nelson
New York Court of Appeals
The nature of the appeals and of the action, and the facts, are set forth in the opinion. (The decision below upon defendant’s appeal reported, 13 Hun, 321.) The defense of usury, being a personal defense, was not available to Ruea Nelson.
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The nature of the appeals and of the action, and the facts, are set forth in the opinion. (The decision below upon defendant’s appeal reported, 13 Hun, 321.) The defense of usury, being a personal defense, was not available to Ruea Nelson. (Green v. Morse, 4 Barb., 335; Bullard v. Raynor, 30 N. Y., 206; Chamberlain v. Dempsey, 36 id., 148; Williams v. Tilt, 36 id., 326; Brooks v. Avery, 4 Corns., 225.) There was no such misrepresentation to Ruea Nelson as would discharge him from liability as guarantor. (Story’s Eq. Jur., §§ 191-199, 204; Best v. Stowe, 2 Sandf. Ch., 298; Davis v. Meeker, 5…
1Opinion of the CourtDanforth, J.
The plaintiff seeks to foreclose four mortgages, made by George W. Nelson, conveying land in Brooklyn to secure the payment of $70,000, according to the conditions of four bonds executed by him to the plaintiff. Charles M. Watkins and Phillip Levy were made defendants as persons having or claiming an interest in the premises, acquired "subsequently to the lien of the mortgages,” and Buea Nelson, because he undertook by his bond in writing, that upon foreclosing the mortgages and sale of the premises, sufficient money should be made to pay the decree and costs and expenses of sale, or in…
2Cases cited17 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Simson v. . BrownNew York Court of Appeals · 1877
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Belmont v. . ComanNew York Court of Appeals · 1860
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
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- Hotaling v. A. B. Leach & Co.New York Court of Appeals · 1928
- Gifford v. . CorriganNew York Court of Appeals · 1889
- Anthony v. . WoodNew York Court of Appeals · 1884
- In re KelloggCourt of Appeals for the Second Circuit · 1903
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