Smith v. . Cross
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 28, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The witness Wilson was not a competent witness concerning personal transactions and communications with Smith, deceased, assignee of the bond and mortgage. (Code of Civ. Proc., § 829 ; 62 N. Y. 83; 14 Weekly Dig. 156 ; 26 Hun, 272, 392; 79 N. Y. 415-20; 24 Hun,…
1Opinion of the CourtEarl, J.
This action was brought to foreclose a mortgage of $5,000, dated August 24, 1872, and the defense interposed by Moses H. Cross and Mary J. Cross was usury. The facts so far as now material are as follows : For several years prior to the date of the mortgage, Moses H. Cross and Samuel Wilson were engaged in business as partners, and as such partners they had for several years owned the real estate covered by the mortgage. At the date of' the mortgage Wilson executed a quit-claim deed of his interest in the real estate to Cross, and at the same time Cross executed to him the mortgage in…
2Cases cited1 opinion
- De Wolf v. JohnsonSupreme Court of the United States · 1825
3Cited by14 opinions
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- Dunham v. . CudlippNew York Court of Appeals · 1883
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Holcomb v. . CampbellNew York Court of Appeals · 1889
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