Standen v. . Brown
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 19, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The several transactions between the plaintiff and defendant were loans of money.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered December 19, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The several transactions between the plaintiff and defendant were loans of money. This is evidenced by the bonds of plaintiff providing for the payment of specified sums at fixed dates, with interest semi-annually, and accompanied by assignments of…
1Opinion of the CourtO’Brien, J.
The plaintiff’s action was to set aside the transfer to the defendant of certain securities alleged to have been made as collateral security for the payment of money loaned upon an agreement void for usury, and to cancel his bond or obligation for the payment of this usurious loan.
It appears that on the 28th of July, the 8th of September and 18th of October, in the year 1892, there were three separate and distinct transactions between the parties, each of which, it is alleged in the complaint, was a loan of money by the defendant to the plaintiff.
On the date first mentioned the defendant…
2Cited by1 opinion
- Geitelsohn v. Citizens' Savings BankAppellate Terms of the Supreme Court of New York · 1897