Tousley v. . Barry
New York Court of Appeals
Appeal from the Supreme Court. The action was brought to foreclose a mortgage executed by the' defendants to one Reuben Sargeant, deceased, to secure $1000, with interest, and assigned by the executors of Sargeant to the plaintiff. The defendants alleged, in their answer, that the mortgage was executed upon an usurious consideration. The trial was at the Orleans circuit, before Mr. Justice Bowen, without a jury.
Read the full summary
Appeal from the Supreme Court. The action was brought to foreclose a mortgage executed by the' defendants to one Reuben Sargeant, deceased, to secure $1000, with interest, and assigned by the executors of Sargeant to the plaintiff. The defendants alleged, in their answer, that the mortgage was executed upon an usurious consideration. The trial was at the Orleans circuit, before Mr. Justice Bowen, without a jury. The execution of the mortgage and the facts necessary to make a formal title thereto in the plaintiff vere admitted. The defendants called the plaintiff as a witness, who testified…
1Opinion of the Court
Johnson, Ch. J.
Upon the evidence, the judge at the trial rightly decided that the defendants had failed to impeach or qualify the transfer to the plaintiff of the bond and mortgage in suit, or to show any identity of interest between the plaintiff and the executors of Sargent. A clear legal transfer was shown upon an ample consideration, and a strong case in the way of negative testimony was made out, of entire ignorance on the part of the plaintiff that any suit had been brought upon the security, or that any defence existed or was claimed to exist against it. Nor was any case made out for…
2Cited by14 opinions
- Dodge v. Freedman's Savings & Trust Co.Supreme Court of the United States · 1876
- Brainerd v. StateNew York Court of Claims · 1911
- Merkle v. . BeidlemanNew York Court of Appeals · 1900
- Peck v. YorksNew York Supreme Court · 1866
- Schenck v. WarnerNew York Supreme Court · 1862
9 more not listed; retrieve them via the Exa API.