Legal Opinion

In re Langer

District Court, E.D. New York

Decided March 16, 1934No. 24664Published

1Opinion of the Court

GALSTON, District Judge.

The referee found that-the transaction between Agris and Shapiro & Greenstein was usurious, as it clearly was. The effect, however, of that conclusion inevitably taints the chattel mortgage held as security for the loan. To hold the loan itself void because it was usurious, and at the same time to permit the lender to avail himself of the collateral security, would present a most contradictory situation. If the transaction is void, it falls in all its aspects, and the security in the hands of the lender cannot be enforced. So much seems to be clearly indicated in De…

2Cases cited7 opinions

  1. Thompson v. . Van VechtenNew York Court of Appeals · 1863
  2. Williams v. . TiltNew York Court of Appeals · 1867
  3. Union Dime Savings Institution v. WilmotNew York Court of Appeals · 1883
  4. Dewitt v. . BrisbaneNew York Court of Appeals · 1858
  5. Yormark v. WaldmanNew York Supreme Court · 1926

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