Sloan v. Little
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the sixth circuit disallowing the defendant’s exceptions to the master’s report, on exceptions taken by the complainant to the answer. The bill was filed to restrain the defendant from proceeding by a sale, under the statute, to foreclose a mortgage given by the complainant, and which was alleged to be usurious.
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This was an appeal from the decision of the vice chancellor of the sixth circuit disallowing the defendant’s exceptions to the master’s report, on exceptions taken by the complainant to the answer. The bill was filed to restrain the defendant from proceeding by a sale, under the statute, to foreclose a mortgage given by the complainant, and which was alleged to be usurious. The bill charged that on the 18th of December, 1812, the complainant, and his brother, W. Sloan, applied to the defendant to borrow $60. That he declined loaning less than $100; which sum they borrowed of him, at the rate…
1Opinion of the Court
The Chancellor.
The form of the exceptions which have been taken to the answer in this case is very objectionable, and if they had been referred for impertinence, the greater part of each exception would probably have been rejected, on that ground. The complainant should state clearly and distinctly those charges in his bill which are not sufficiently answered, and leave the arguments in favor of the exceptions for an oral discussion, before the master, on the reference. I believe, however, there is sufficient substance in the exceptions to raise the questions which have been discussed here,…
2Cited by6 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Burke v. McLaughlinMassachusetts Supreme Judicial Court · 1923
- Fifield v. MayerSupreme Court of New Hampshire · 1918
- Receivers of the New Jersey Midland Railway Co. v. WortendykeSupreme Court of New Jersey · 1876
- Thorn & Maynard v. New-York Central MillsNew York Supreme Court · 1854
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