Legal Opinion

Gannon v. Fergotston

The Superior Court of New York City

Decided May 8, 1895Published

Demurrer to the complaint.

1Opinion of the CourtMcAdam, J.

The bill is in equity to enjoin the defendant from foreclosing a chattel mortgage, upon the ground of usury; and (2) that the mortgage be reformed so as to include only property belonging to the plaintiff. The defendant demurs upon *836the ground that the complaint does not state 'facts sufficient to state a cause of action.

1. As to the usury: The plaintiff alleges that she applied for a loan of $500; that the defendant presented her a promissory note for $500, payable four months after date, and directed plaintiff to present the same at the Mt. Morris Bank for discount ; that plaintiff presented…

2Cases cited5 opinions

  1. Knapp v. . the City of BrooklynNew York Court of Appeals · 1884
  2. Manning v. . TylerNew York Court of Appeals · 1860
  3. Hall v. BartlettNew York Supreme Court · 1850
  4. More v. HowlandNew York Supreme Court · 1847
  5. Griggs v. HoweNew York Supreme Court · 1860

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