Fellows v. Commissioners for Loaning Certain Moneys of the United States
New York Supreme Court
nnHIS action was commenced originally by the plaintiff above JL named, against “ The Commissioners for loaning certain moneys of the United States of the county of Oneida,” on the 29th day of January, 1861. The object of the action was to set aside and cancel a mortgage executed by the plaintiff and one William K. Fellows, to said commissioners, for $500, bearing date the 2d day of November, 1855, on the ground of usury.
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nnHIS action was commenced originally by the plaintiff above JL named, against “ The Commissioners for loaning certain moneys of the United States of the county of Oneida,” on the 29th day of January, 1861. The object of the action was to set aside and cancel a mortgage executed by the plaintiff and one William K. Fellows, to said commissioners, for $500, bearing date the 2d day of November, 1855, on the ground of usury. The premises had been conveyed by William K. Fellows to the plaintiff. The interest had been paid on the mortgage until 1860. And on account of the nonpayment that year, the…
1Opinion of the Court
By the Court,
Bacon, J.
This case was decided mainly upon the authority of Condit v. Baldwin, (21 N. Y. Rep. 219,) with which it is nearly identical in its facts, and from which it seems to me impossible to distinguish it, in principle. In that case the money loaned ($400) was the money of the plaintiff, intrusted to one Williams as her agent to loan. The defendants negotiated a loan for that amount, from Williams, and the promissory note of the defendants for the amount of the $400 was received by Williams for the jfiaintiff, and the sum of $25 was paid by them to Williams as a bonus, for his…
2Cases cited1 opinion
- Condit v. . BaldwinNew York Court of Appeals · 1860
3Cited by4 opinions
- Chapman v. Goodnow's AdministratorSupreme Court of the United States · 1887
- Goodnow v. StrykerSupreme Court of Iowa · 1883
- Porter v. MountNew York Supreme Court · 1865
- Borcherling's v. TrefzNew Jersey Court of Chancery · 1885