Legal Opinion

Jenkins v. Moyse

New York Court of Appeals

Decided July 8, 1930PublishedCited by 119 opinions

1Opinion of the CourtLehman, J.

In May, 1926, the plaintiff was the owner of a parcel of real estate in Westchester county. He desired to borrow the sum of $52,000 to meet pressing obligations, including a mortgage debt upon his real estate. He requested George Leerburger, a broker, to obtain a mortgage loan. The plaintiff testified: “ I was told I would have to be incorporated or I could not get this loan.” The rate of six per cent, which might be exacted lawfully from an individual borrower, would apparently not satisfy a prospective lender, so the broker “ said a corporation could not plead usury and they would not make…

2Cases cited2 opinions

  1. Union Dime Savings Institution v. WilmotNew York Court of Appeals · 1883
  2. Dunham v. . CudlippNew York Court of Appeals · 1883

3Cited by119 opinions

  1. Newman v. DoreNew York Court of Appeals · 1937
  2. Galloway v. Travelers Ins. Co.Mississippi Supreme Court · 1987
  3. General Phoenix Corp. v. CabotNew York Court of Appeals · 1949
  4. Bartle v. Home Owners Cooperative, Inc.New York Court of Appeals · 1955
  5. Holland v. GrossSupreme Court of Florida · 1956

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