Legal Opinion

Equitable Life Assurance Society of United States v. Cuyler

New York Court of Appeals

Decided December 20, 1878PublishedCited by 31 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 247.) This action was brought to foreclose a mortgage. The facts appear sufficiently in the opinion. The answer constituted a counter-claim under section 150 of the Code.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 12 Hun, 247.) This action was brought to foreclose a mortgage. The facts appear sufficiently in the opinion. The answer constituted a counter-claim under section 150 of the Code. (Story’s Eq., §§ 694-696; Laws 1837, chap. 430, §§ 4, 5, p. 487; Xenia Branch of State Bk. v. Lee, 2 Bosw., 694; Geenia v. Keah, 66 Barb., 245; Glenn & Hall M. Co. v. Hall, 61 N. Y., 226, 235; Ashley…

1Per curiam

The defendant Cuyler who alone appears in this case and sots up the defense of usury, -was in possession of the promises covered by the mortgage sought to be foreclosed in this action. A mortgage had been previously foreclosed upon the premises and the same was purchased by the defendant Bingham on the sale who contracted to sell to Cuyler. Bingham executed the bond and mortgage to enable Cuyler to pay him, Bingham. The defendant Wihnording fit Cuyler’s request bought the premises of Bingham, took a deed, and with the money received from Wilmerding Cuyler paid the balance due Bingham for the…

2Cases cited3 opinions

  1. Bates v. . RosekransNew York Court of Appeals · 1867
  2. Bissell v. . KelloggNew York Court of Appeals · 1875
  3. Burke v. ThorneNew York Supreme Court · 1864

3Cited by31 opinions

  1. Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
  2. Merritt v. GouleyNew York Supreme Court · 1890
  3. Brannan v. PatyCalifornia Supreme Court · 1881
  4. Myers v. WheelerAppellate Division of the Supreme Court of the State of New York · 1897
  5. First National Bank v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1896

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