Perkins v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered, upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the-court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Plaintiff’s only right to subrogation was founded upon the usurious mortgage.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered, upon an order made January 13, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the-court on trial without a jury. The nature of the action and the material facts are stated in the opinion. Plaintiff’s only right to subrogation was founded upon the usurious mortgage. (Baldwin v. Moffatt, 94 N. Y. 82, 85.) Said usurious mortgage cannot be the foundation of a valid claim. (Dung v. Parker, 52 N. Y. 500.) One who is only a volunteer cannot invoice the aid of…
1Opinion of the CourtRapallo, J.
The plaintiff, as assignee of Payn Bigelow, sought, by this action, to revive and be subrogated to and enforce certain liens upon real estate of the defendant Hall, which Bigelow had paid and procured to be discharged of record under an agreement with Hall. These liens consisted of two mortgages executed by Hall, and of certain legacies which were charges on the real estate in question.
It appears by the findings of the trial judge that, on the 17th of October, 1874, an agreement was entered into between Hall and Bigelow, whereby Bigelow agreed to advance the amount of the said liens and pay…
2Cases cited2 opinions
- Acer v. . HotchkissNew York Court of Appeals · 1884
- Baldwin v. . MoffettNew York Court of Appeals · 1883
3Cited by5 opinions
- Ganz v. . LancasterNew York Court of Appeals · 1902
- Eikenberry v. Adirondack Spring Water Co.New York Court of Appeals · 1985
- Trible v. NicholsSupreme Court of Arkansas · 1890
- Miller v. MoreauCity of New York Municipal Court · 1887
- Terwilliger v. BeecherNew York Supreme Court · 1890