Hall v. Ditson
New York Supreme Court
This action is brought by the survivor of two mortgagors in a chattel mortgage to set aside a sale made under the mortgage and for a resale. The plaintiff also asked for an accounting by the mortgagees, and that upon the payment of the amount found to be due on the mortgage the plaintiff be restored to his rights to the mortgaged property.
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This action is brought by the survivor of two mortgagors in a chattel mortgage to set aside a sale made under the mortgage and for a resale. The plaintiff also asked for an accounting by the mortgagees, and that upon the payment of the amount found to be due on the mortgage the plaintiff be restored to his rights to the mortgaged property. The plaintiff also claimed that an agreement, made contemporaneous with the mortgage, for the division of profits arising under a printing contract was a clog upon the mortgage and should be adjudged invalid, and that the mortgagees account for all the…
1Opinion of the CourtVan Vorst, J.
The plaintiff 'claims that the printing contract, bearing even date 'with the chattel mortgage executed by Hall & Son to the defendants Ditson & Co., was a hard and unconscionable agreement and a clog upon the mortgage. He does not, however, urge that the transaction was usurious. The executors of the last will of William Hall, *21deceased, who are made defendants, by their answer, interpose a claim that the mortgage was usurious in its inception, the usury growing out of the advantage gained by the mortgagees through the printing contract, which, it is claimed, was part and parcel of the…
2Cases cited6 opinions
- Clarke v. . SheehanNew York Court of Appeals · 1872
- Stoddard v. DenisonThe Superior Court of New York City · 1869
- Olcott v.Tioga Rail RoadNew York Supreme Court · 1862
- Chamberlain v. MartinNew York Supreme Court · 1865
- Huggans v. FryerNew York Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Boyd v. BeaudinWisconsin Supreme Court · 1882
- Boyd v. HeadIdaho Supreme Court · 1968
- West v. Guaranty Trust Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Edmiston v. BruckerNew York Supreme Court · 1886
- King v. WalbridgeNew York Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.