Buckingham v. . Corning
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 March 30, 1882, which affirmed a judgment in favor of defendant Corning, entered upon an order sustaining a demurrer to the complaint.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 30, 1882, which affirmed a judgment in favor of defendant Corning, entered upon an order sustaining a demurrer to the complaint. The complaint alleged in substance that on the 23d of August, 1866, James Horner and James Ludlum, being partners in business, made and executed in Hew York, to Erastus Corning, since deceased, their bond and mortgage on certain lands in Hew Jersey belonging to their partnership, to secure a loan to said partnership from said Corning of…
1Opinion of the CourtAndrews, J.
The bond and mortgage executed by James Horner and James Ludluin to Erastus Corning, deceased, dated August 23,1866, for the sum of $68,915, upon the facts averred in the complaint and admitted by the demurrer, were usurious and void. The plaintiff, as executor of James Horner, could interpose the defense of usury in an action brought against her in her representative capacity, to enforce the bond, and she could also as devisee of the real estate covered by the usurious mortgage, defend on the same ground, an action of foreclosure. (1 Rev. Stat. 772, § 5; Brooks v. Avery, 4 N. Y. 225.) But…
2Cases cited5 opinions
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Cole v. SavageNew York Court of Chancery · 1844
- Brooks v. . AveryNew York Court of Appeals · 1850
- Rexford v. . WidgerNew York Court of Appeals · 1848
3Cited by15 opinions
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Halsey v. WinantNew York Court of Appeals · 1932
- Pope v. MarshallSupreme Court of Georgia · 1887
- Hubbard v. TodSupreme Court of the United States · 1898
- DeSimon v. Ogden AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
10 more not listed; retrieve them via the Exa API.