Cope v. Alden
New York Supreme Court
nnHIS ease comes up for a second review, (see 46 Barb 272,) on a motion by the plaintiffs for a new trial on exceptions ordered to be heard in the first instance at general term.
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nnHIS ease comes up for a second review, (see 46 Barb 272,) on a motion by the plaintiffs for a new trial on exceptions ordered to be heard in the first instance at general term. The action was brought to recover surplus moneys on a statutory foreclosure of a mortgage given by the plaintiffs to the defenandant on the 31st day of January, 1860, on premises in Oneonta, B*. Y. for $800. The sale took place on the 10th day of May, 1862, when the premises were bid off by the defendant for $2300, leaving a surplus of $1379.11. The defendant seeks to retain the moneys by virtue of a mortgage given…
1Opinion of the Court
By the Court, Mason, J.
The only important question in this case is whether the bond and mortgage, executed by the plaintiff, Elizabeth McCraney, to the defendant, on the 22d day of November, 1858, for $1000, was usurious or not. At the time of the execution of the said bond and mortgage both Mrs. McCraney and the defendant resided at Oneonta, in the county of Otsego, in this state, where both the agreements to loan the money were made, the bond and mortgage were executed and delivered, and the money was paid thereon. The mortgage was upon lands in Grant county, in the state of Wisconsin;…
2Cases cited12 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Andrews v. PondSupreme Court of the United States · 1839
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
- Jewell v. . WrightNew York Court of Appeals · 1864
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3Cited by8 opinions
- Paine v. SherwoodSupreme Court of Minnesota · 1875
- Cope v. . WheelerNew York Court of Appeals · 1869
- Manhattan Life Ins. Co. v. . JohnsonNew York Court of Appeals · 1907
- Hollis v. Covenant Blg. & Loan Ass'nSupreme Court of Georgia · 1898
- Central National Bank v. CooperMissouri Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.