Bliven v. . Lydecker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1889, which reversed a judgment in favor of defendants, entered upon the decision of the court ou trial at Special Term. This action was brought to foreclose a mortgage dated February!, 1879, made by Smith Lydecker and Jeannette, his wife, to Margaretha Schuler, to secure the payment of $4,000, on February 1,1882, with annual interest at the rate of seven per cent.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 9, 1889, which reversed a judgment in favor of defendants, entered upon the decision of the court ou trial at Special Term. This action was brought to foreclose a mortgage dated February!, 1879, made by Smith Lydecker and Jeannette, his wife, to Margaretha Schuler, to secure the payment of $4,000, on February 1,1882, with annual interest at the rate of seven per cent. The mortgage was collateral to a bond in the usual form, and on the 10th of November, 1888, both bond and mortgage were…
1Opinion of the CourtVann, J.
The judgment rendered by the Special Term Avas not reversed upon a question of fact (Code O. P. § 1338), but the order of reversal was based upon the assumption that there was no evidence to support the finding that the mortgagee either authorized or acquiesced in the exaction of the bonus of four hundred dollars.
She does not appear to have been present when the usurious agreement Avas made by her husband and agent, nor during any of the negotiations that resulted in the execution of the mortgage. The business was all done by Mr. Schuler, who made the agreement for the loan, apparently in his…
2Cases cited3 opinions
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- Hyatt v. . ClarkNew York Court of Appeals · 1890
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- Universal Credit Co. v. LowellRochester City Court · 1938
- Brown v. ReimanAppellate Division of the Supreme Court of the State of New York · 1900
- Hopkins v. FlowerMassachusetts Supreme Judicial Court · 1926
- Schwarz v. . SweitzerNew York Court of Appeals · 1911
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