Hart v. Goldsmith
Massachusetts Supreme Judicial Court
Bill in equity, alleging that the plaintiff made a mortgage to the defendant, dated August 30 1856, to secure a note for $2000, with interest semiannually, containing a power of sale in ease of breach of condition; that in fact the only consideration of the mortgage was a loan of $1800, and that $200 was taken and reserved for usury; that, in February 1858, when interest was due, the plaintiff would have paid it, but the defendant demanded interest at a greater rate than six…
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Bill in equity, alleging that the plaintiff made a mortgage to the defendant, dated August 30 1856, to secure a note for $2000, with interest semiannually, containing a power of sale in ease of breach of condition; that in fact the only consideration of the mortgage was a loan of $1800, and that $200 was taken and reserved for usury; that, in February 1858, when interest was due, the plaintiff would have paid it, but the defendant demanded interest at a greater rate than six per cent.; that, under the power of sale, the defendant has made sale of the premises, but no deed has passed; and this…
1Opinion of the CourtHoar, J.
This is a bill in equity to restrain the defendant from executing a deed under a mortgage containing a power of sale, which was made by the plaintiff to him to secure the payment of a note for $2000. The note and mortgage bear date August 30 1856. The bill also seeks to redeem the mortgage, and offers to pay whatever may be due upon it; and prays that, in fixing the amount to be paid, a deduction may be made on account of usurious interest reserved and taken by the defendant upon making the loan for which the note and mortgage were given.
The first and principal question is, whether in this…
2Cases cited4 opinions
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
- Fanning v. DunhamNew York Court of Chancery · 1821
- Rogers v. RathbunNew York Court of Chancery · 1815
- Eagleson v. ShotwellNew York Court of Chancery · 1815