Newman v. Kershaw
Wisconsin Supreme Court
ATPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY, This was an action brought by William H. Newman and Edward Franks against John Kershaw, impleaded with Theodore Perry, and several others, to foreclose a mortgage upon premises situated in the State of Wisconsin, and which was executed and delivered by Perry to them, within the state of New York, to secure a bond for $20,000, with interest at seven per cent.
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ATPEAL PROM CIRCUIT COURT, MILWAUKEE COUNTY, This was an action brought by William H. Newman and Edward Franks against John Kershaw, impleaded with Theodore Perry, and several others, to foreclose a mortgage upon premises situated in the State of Wisconsin, and which was executed and delivered by Perry to them, within the state of New York, to secure a bond for $20,000, with interest at seven per cent. Kershaw alone answered the complaint, and averred that he was a subsequent purchaser of the mortgaged premises, for the-consideration of $33,000; that he bought the premises, believing the…
1Opinion of the Court
By the Court,
PaiNe, J.
The authorities cited by the respondent fully establish that the defense of usury is not sufficiently alleged in the answer of the appellant. The ruléis well settled, that the facts must be set forth with certainty, so that the court can see that they amount to usury, and what was the amount of the usurious interest. But, although it was not raised by counsel, the question has occurred to us whether, under the present system of practice, a defect in this respect is to be reached by demurrer, or whether the only remedy is by motion to make the pleading more definite and…
2Cases cited9 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Livingston v. HarrisNew York Court of Chancery · 1831
- New-Orleans Gas Light & Banking Co. v. DudleyNew York Court of Chancery · 1840
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3Cited by30 opinions
- International Harvester Co. of America v. McAdamWisconsin Supreme Court · 1910
- Bartlett v. CollinsWisconsin Supreme Court · 1901
- Johnson v. JouchertIndiana Supreme Court · 1890
- Brown v. GatesWisconsin Supreme Court · 1904
- Maher v. LanfromIllinois Supreme Court · 1877
25 more not listed; retrieve them via the Exa API.