Chamberlain v. Dempsey
The Superior Court of New York City
Appeal from a judgment of foreclosure and sale. On the trial of this action the court refused to allow evidence to be given that the notes to secure which a mortgage was given were founded on a usurious consideration, although it was admitted that the “ defendant was the owner of the premises” incumbered, on the ground that the defendant, not being the owner at the time of the execution and delivery of the mortgage, and having become so subsequent to that time, must be…
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Appeal from a judgment of foreclosure and sale. On the trial of this action the court refused to allow evidence to be given that the notes to secure which a mortgage was given were founded on a usurious consideration, although it was admitted that the “ defendant was the owner of the premises” incumbered, on the ground that the defendant, not being the owner at the time of the execution and delivery of the mortgage, and having become so subsequent to that time, must be regarded as having had notice of it, and was not in a position to avail himself of the defence. The trial below is reported,…
1Opinion of the Court
By the Court.—Bosworth, C. J.
The defendant Dempsey alone appeals from the judgment. In her answer she expressly admits “ the execution of the notes and mortgage” described in the complaint. Taking her answer to be true, she admits the notes to be unpaid.
■ There is, therefore, sufficient evidence to sustain the finding of fact as to the making and delivery of the notes, and the *243making and delivery of the mortgage, and the non-payment of the notes at maturity.
The decision of the judge is dated Nov. 30,1861, and contains Ill's findings of fact and conclusions of law. The latter are two in…
2Cases cited5 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Post v. DartNew York Court of Chancery · 1841
- Cole v. SavageNew York Court of Chancery · 1844
- Jackson ex dem. Sternberg v. DominickNew York Supreme Court · 1817
3Cited by4 opinions
- Broder v. ConklinCalifornia Supreme Court · 1893
- Weyman v. National Broadway BankThe Superior Court of New York City · 1880
- Brown v. BrownThe Superior Court of New York City · 1866
- Stevenson v. SprattThe Superior Court of New York City · 1874