Weyh v. . Boylan
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 9, 1880, affirming a judgment in favor of defendant entered upon a decision of the court on trial at a Special Term. The action was commenced against Phelix Boylan, but he dying, was continued against Michael S. Boylan, as his administrator.
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Appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 9, 1880, affirming a judgment in favor of defendant entered upon a decision of the court on trial at a Special Term. The action was commenced against Phelix Boylan, but he dying, was continued against Michael S. Boylan, as his administrator. Its object was to foreclose a mortgage made to one Owen Flaherty by Phelix Boylan, to secure the payment of his bond of $4,000. The bond and mortgage were assigned to Mesdames. Shancupp and Goldberg and by them to the…
1Opinion of the CourtDanforth, J.
It would, I think, be difficult to work out from the evidence in this case an usurious agreement, but upon another trial it may be added to or given a new direction, and therefore a consideration of what now appears would he to no purpose. But assuming the existence of usury, the question remains whether the defendant is precluded by the certificate from setting it up. It is well settled that where an assignee takes a chose in action by assignment with the debtor’s assent although he merely 'stands by in silence, the debtor is estopped to impeach it. ( Watson’s Ex’rs v. McLaren, 19 Wend.…
2Cases cited8 opinions
- Moore v. . Metropolitan National BankNew York Court of Appeals · 1873
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Holbrook v. . New Jersey Zinc Co.New York Court of Appeals · 1874
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Wilcox v. . HowellNew York Court of Appeals · 1871
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3Cited by10 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Brickley v. EdwardsIndiana Supreme Court · 1892
- Cuddy v. SturtevantWashington Supreme Court · 1920
- Bernard v. Citibank, N.A.Appellate Division of the Supreme Court of the State of New York · 2021
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