Kay v. . Whittaker
New York Court of Appeals
Appeax from an order of the General Term, of the Supreme Court, in the second district, affirming an order of the Special Term striking out a portion of the appellant’s answer as false, and directing judgment upon the remainder of such answer as frivolous.
Read the full summary
Appeax from an order of the General Term, of the Supreme Court, in the second district, affirming an order of the Special Term striking out a portion of the appellant’s answer as false, and directing judgment upon the remainder of such answer as frivolous. This action is brought to foreclose a mortgage made by "William H. Duryea to the respondent to secure the payment of $4,000. The complaint alleges the making by Whittaker of a bond for $4,000, with the condition that in case default should be made in the payment of interest, and the same should remain unpaid for thirty days, the principal…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The greater part of the defendant's answer consists of statements of the difficulties between himself and Duryea. If his statements are correct, the transactions between Duryea and himself are usurious. This question will be determined in the action he has brought against Duryea. The statements are not material to the determination…
2Cases cited5 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- The People v. . McCumberNew York Court of Appeals · 1858
- Williams v. . TiltNew York Court of Appeals · 1867
- Post v. DartNew York Court of Chancery · 1841
- Cole v. SavageNew York Court of Chancery · 1844
3Cited by39 opinions
- Matter of PirieNew York Court of Appeals · 1910
- Smith v. HiltonNew York Supreme Court · 1888
- Monica Realty Corp. v. BleeckerAppellate Division of the Supreme Court of the State of New York · 1930
- Mutual Life Insurance v. United States Hotel Co.New York Supreme Court · 1913
- Bennett v. BirdAppellate Division of the Supreme Court of the State of New York · 1933
34 more not listed; retrieve them via the Exa API.