Legal Opinion

Bissell v. Kellogg

New York Supreme Court

Decided November 13, 1871PublishedCited by 23 opinions

APPEAL," by the defendant, from a judgment rendered on the report of a referee. The facts are stated in the opinion of the court.

1Opinion of the Court

By the Court, Taloott, J.

This is an action in equity to remove a cloud upon the title to land belonging to the plaintiff Bissell, which cloud consists of a mortgage executed in 1858, by the plaintiff Adams, and alleged to be usurious. One Lampson held a mortgage upon other property of the plaintiff Adams, for the nominal amount of $4000, but in fact executed as an indemnity for indorsements, or liability on the notes of Adams. There was actually but about $3000 due to Lampson on the mortgage when the transaction between the plaintiff Adams and the defendant Kellogg occurred. That transaction…

2Cases cited5 opinions

  1. Schermerhorn v. . TalmanNew York Court of Appeals · 1856
  2. Ward v. . DeweyNew York Court of Appeals · 1858
  3. Perrine v. StrikerNew York Court of Chancery · 1839
  4. Hyland v. StaffordNew York Supreme Court · 1850
  5. Rindskopf v. Farmers' Loan & Trust Co.New York Supreme Court · 1870

3Cited by23 opinions

  1. Caseday v. LindstromOregon Supreme Court · 1904
  2. Jackson v. KittleWest Virginia Supreme Court · 1890
  3. Collier v. FaulkSupreme Court of Alabama · 1881
  4. In the Matter of PhillipsNew York Court of Appeals · 1875
  5. Jordan v. HumphreySupreme Court of Minnesota · 1884

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