Morris v. Floyd
New York Supreme Court
In Equity. The plaintiff excepted to the answer of the defendants Floyd and Beidleman, and on a reference to a master the exceptions were allowed. On exceptions by the defendants to the master’s report, the decision of the master was reversed, by Justice Shankland, at a special term of this court held by him. And from the decision made at the special term, the plaintiff appealed to the general term of the court.
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In Equity. The plaintiff excepted to the answer of the defendants Floyd and Beidleman, and on a reference to a master the exceptions were allowed. On exceptions by the defendants to the master’s report, the decision of the master was reversed, by Justice Shankland, at a special term of this court held by him. And from the decision made at the special term, the plaintiff appealed to the general term of the court. The facts are as follows: The plaintiff filed his bill against Floyd, Davis and Jacob Beidleman, to foreclose a mortgage executed by Floyd to Davis for $4000, and by Davis sold to…
1Opinion of the Court
By the Court, H. Gray, P. J.
The principal, if not the only question arising upon the exceptions taken to the answer of Floyd and Beidleman, is embraced in the seventh exception, and presents the question whether Floyd and Beidleman can set up usury in the plaintiff’s mortgage, as a defence to this suit.
The mortgage in suit is collateral to' a bond upon which a judgment in a court of law has been recovered against Floyd. To the declaration upon that bond Floyd interposed the same defence here set up to the mortgage, but failed to appear at the trial, and a verdict was obtained, upon which a…
2Cases cited6 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Lloyd v. ScottSupreme Court of the United States · 1830
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Cole v. SavageNew York Court of Chancery · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Sands v. . ChurchNew York Court of Appeals · 1852
- Union Dime Savings Institution v. WilmotNew York Court of Appeals · 1883
- Harper v. Building Ass'nWest Virginia Supreme Court · 1904
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