Miller v. . Zeimer
New York Court of Appeals
' Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 4, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict.
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' Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made November 4, 1885, which affirmed a judgment in favor of plaintiffs entered upon a verdict. This action was brought by plaintiffs as executors of the will of - Christopher Miller, deceased, to recover damages alleged to have been sustained by him by reason of a criminal scheme and conspiracy “ entered into by defendants ” for the purpose of borrowing and obtaining money on worthless securities. The pleadings alleged, in substance, and it appeared that…
1Opinion of the CourtAndrews, J.
The transaction, although in form a mortgage, was, nevertheless, in contemplation of law a loan of money to the extent of the consideration advanced, the. mortgage not having had any inception until its transfer to the plaintiff’s testator. The mortgage was void for usury by force of the statute, notwithstanding the purchaser was innocent and had no intent to enter into a usurious transaction, but purchased the mortgage, supposing that it was a bona fide and valid security. (Bennet v. Smith, 15 Johns. 354; Brooks v. Avery, 4 N. Y. 226; Hall v. Earnest, 36 Barb, 585, and cases cited.) But the…
2Cases cited3 opinions
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Grissler v. . PowersNew York Court of Appeals · 1880
- Jackson ex dem. Colden v. ChaceNew York Supreme Court · 1818
3Cited by24 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
- Sabine v. . PaineNew York Court of Appeals · 1918
- Claflin v. . BoorumNew York Court of Appeals · 1890
- Valentine v. . LuntNew York Court of Appeals · 1889
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