Booth v. . Swezey
New York Court of Appeals
This action was brought'to foreclose a mortgage made by the defendant, Moses Swezey, to James C. Reeve, on the 22d of June, 1842, to secure the' payment of $500. The mortgage had been assigned to the plaintiff. The answer admitted the making of the mortgage, but alleged that it was given upon an usurious loan, and that no more than $450 was loaned, and the remaining $50 was reserved ás an usurious premium upon the loan.
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This action was brought'to foreclose a mortgage made by the defendant, Moses Swezey, to James C. Reeve, on the 22d of June, 1842, to secure the' payment of $500. The mortgage had been assigned to the plaintiff. The answer admitted the making of the mortgage, but alleged that it was given upon an usurious loan, and that no more than $450 was loaned, and the remaining $50 was reserved ás an usurious premium upon the loan. The reply denied -the allegations- of the answer as to the usury. The action was tried before Mr. Justice Brown and a jury, at the Orange Circuit, in December, 1850. On the…
1Opinion of the CourtMorse, J.
Upon the trial, the defendant offered to give in evidence “ the declarations and admissions of Reeve, the mortgagee, made previous to his assignment of the mortgage, in regard to the usurious' character of the bond and mortgage.” To this the plaintiff objected, the judge refused to receive the evidence, and the defendant excepted. After the testimony was closed and the judge had delivered his charge to the jury, the defendant requested him to charge them, that if they found that at the time of the delivery of the bond and mortgage, Reeve intentionally withheld fifty dollars, it was, if…
2Cases cited4 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Miller v. HullNew York Supreme Court · 1847
- Hackley v. SpragueNew York Supreme Court · 1833
3Cited by12 opinions
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
- Spain v. TalcottAppellate Division of the Supreme Court of the State of New York · 1915
- Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897
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