Cooper v. Newland
New York Supreme Court
Appeal from a judgment. This action was commenced by the plaintiff for the foreclosure of a mortgage alleged to have been executed, together with a bond accompanying the same, by the defendant, F. M. King, to C. P. King, and by the latter assigned to Ira Miltimore, and by him assigned to Jeremiah Blood as collateral security for the payment of two notes, which are claimed by defendants to be usurious, one of the notes securing 20 per cent, interest, and the other 12 per…
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Appeal from a judgment. This action was commenced by the plaintiff for the foreclosure of a mortgage alleged to have been executed, together with a bond accompanying the same, by the defendant, F. M. King, to C. P. King, and by the latter assigned to Ira Miltimore, and by him assigned to Jeremiah Blood as collateral security for the payment of two notes, which are claimed by defendants to be usurious, one of the notes securing 20 per cent, interest, and the other 12 per cent. These notes were executed in Wisconsin. The answer denies every thing set forth-in the complaint except the making of…
1Opinion of the Court
By the Court.*—James C. Smith, J.
—The finding of the referee, that the defendant executed a bond in connection with the mortgage which is sought to be foreclosed in this action, is sustained by the recital to that effect in the mortgage, and his decision of the question is conclusive.
But the objection that there is no evidence that the bond was assigned by the obligee to Miltimore, or by Miltimore to Blood, presents a more serious question. The complaint alleges that the bond and mortgage in suit were executed by the defendant King to Chauncey P. King; that they were assigned by him to…
2Cases cited4 opinions
- Langdon v. BuelNew York Supreme Court · 1832
- Jackson ex dem. Norton v. WillardNew York Supreme Court · 1809
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Jackson ex dem. Curtis v. BronsonNew York Supreme Court · 1822
3Cited by5 opinions
- Sheridan v. PresasAppellate Terms of the Supreme Court of New York · 1896
- Peck v. Granite State Provident Ass'nAppellate Terms of the Supreme Court of New York · 1897
- In re the Estate of DeBaunNew York Surrogate's Court · 1937
- Sloan v. New York, Woodhaven & Rockaway R. R.New York Marine Court · 1883
- Syracuse Savings Bank v. MerrickAppellate Division of the Supreme Court of the State of New York · 1904