Schroeppel v. Corning
New York Supreme Court
Trover, for the conversion of three bonds and three mortgages, brought of October term, 1844. Plea, not guilty, and the statute of limitations, with notice of special matter. The cause was tried in April, 1845, before Whiting, Cir.
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Trover, for the conversion of three bonds and three mortgages, brought of October term, 1844. Plea, not guilty, and the statute of limitations, with notice of special matter. The cause was tried in April, 1845, before Whiting, Cir. J. The plaintiff proved a written agreement between himself and the defendant, dated the 26th of June, 1837, by which the latter agreed to loan to the plaintiff $7,500 for ten years, on annual interest, and to sell him certain real estate in Syracuse for certain prices mentioned, the plaintiff agreeing to assume the liens upon the property and to secure the balance…
1Opinion of the Court
Beardsley, Ch. J.
Without looking at the cloud of points made in this case, there is one objection which seems to me entirely fatal to the action. The usurious contract, if such was the true character of the agreement between these parties, was made on or shortly previous to the tenth of July, 1837. By that agreement the defendant, among other things, was to advance to the plaintiff, by way of loan or payment, the sum of $7,500, the plaintiff, on. his part, agreeing to assign and deliver to the defendant, as his own property, or by way of security for the amount to be paid by the plaintiff,…
2Cases cited7 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Bristol v. BurtNew York Supreme Court · 1810
- Wheaton v. HibbardNew York Supreme Court · 1822
- Ramsdell v. MorganNew York Supreme Court · 1837
- Stafford v. RichardsonNew York Supreme Court · 1836
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3Cited by36 opinions
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- Baum v. ThomsIndiana Supreme Court · 1898
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