M'Menomy v. Murray
New York Court of Chancery
JACOB MARK, and John Speyer, (defendants,) in 1793, entered into copartnership in the city of New-York. In 1794, S. went to Europe, on business, and while there, borrowed of Engels, ofBerlin, 10,400 dollars, for which he gave a" partnership note, payable with interest, at 8 per cent., which the bill charged to be usurious.
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JACOB MARK, and John Speyer, (defendants,) in 1793, entered into copartnership in the city of New-York. In 1794, S. went to Europe, on business, and while there, borrowed of Engels, ofBerlin, 10,400 dollars, for which he gave a" partnership note, payable with interest, at 8 per cent., which the bill charged to be usurious. About the 1st of February, 1796, he entered into a contract with three Germans, Count de Rottenham, Baron de Weekman, and F. Mark, for the sale of 100,000 acres of land of M. $/• S. on a loan by them of 40,000 dollars to M. S. for which he gave an obligation, binding M. 8f.…
1Opinion of the Court
The cause stood over for consideration until this day.
The Chancellor.
The great object of the bill is to set aside the deed of trust of the 2d of December, 1799, from Mark 8/ Speyer to John Murray, and the deed of the 21st of Jlpril, 1800, from Speyer to Murray.
1. The trust deed was made to* secure the German creditors several of whom made a loan to Mark fy Speyer, upon the condition that they should be secured by lands in the United States.
One of the objections to this deed is, that it was made upon a condition which has since been fulfilled, which was the discharge of Speyer from the…
2Cases cited3 opinions
- Van Raugh v. Van ArsdalnNew York Supreme Court · 1805
- Van Reimsdyk v. KaneU.S. Circuit Court for the District of Rhode Island · 1812
- Proctor v. MooreMassachusetts Supreme Judicial Court · 1804
3Cited by5 opinions
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- Andrews v. HerriotNew York Supreme Court · 1825
- Skipwith's ex'or v. CunninghamSupreme Court of Virginia · 1837
- McDougall v. PageSupreme Court of Vermont · 1882
- May v. BreedMassachusetts Supreme Judicial Court · 1851