Union Dime Savings Institution v. Wilmot
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 5, 1881, which affirmed a judgment dismissing the complaint as to defendants, Wilmot and Koch, entered upon a decision of the court on trial at Special Term. This action was to foreclose a mortgage. The defense was usury. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 5, 1881, which affirmed a judgment dismissing the complaint as to defendants, Wilmot and Koch, entered upon a decision of the court on trial at Special Term. This action was to foreclose a mortgage. The defense was usury. The material facts are stated in the opinion. A subsequent incumbrancer is not entitled as such to interpose the plea of usury against a prior mortgagee. (De Wolf v. Johnson, 10 Wheat. 367, 393; Loomis v. Eaton, 32 Conn. 550; Hollingsworth v.…
1Opinion of the CourtEarl, J.
In 1872, one Rowe conveyed certain real estate, situated in the city of Hew York, to Thomas L. Sanford, who executed to Rowe a mortgage thereon, to secure a portion of the purchase-money. In 1873, Rowe foreclosed that mortgage making Sanford a party to the action, and upon the foreclosure sale Francis J. Clark became the purchaser, and received a deed; and .on the 24th day of April, 1874, Sanford quit-claimed to Clark all his right, title and interest in the real estate. On the 9th day of May, Clark mortgaged the real estate to Everett Clapp, to secure the sum of $22,000, and on the morning…
2Cases cited7 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Campbell v. . HallNew York Court of Appeals · 1858
- Post v. DartNew York Court of Chancery · 1841
- Morris v. FloydNew York Supreme Court · 1849
- Smith v. . CrossNew York Court of Appeals · 1882
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3Cited by34 opinions
- Jenkins v. MoyseNew York Court of Appeals · 1930
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Halsey v. WinantNew York Court of Appeals · 1932
- Second National Bank v. WestonNew York Court of Appeals · 1902
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
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