Legal Opinion
In re Speare
Court of Appeals for the Second Circuit
Decided October 4, 1966No. 430, Docket 30482PublishedCited by 1 opinion
1Opinion of the Court
LUMBARD, Chief Judge:
This is an appeal from a decision of the Southern District Court, Irving Ben Cooper, J., by Adele Speare, as one of the debtors in possession in an arrangement proceeding, exercising the power of a trustee in bankruptcy to void two mortgage liéns held by Consolidated Assets Corporation. The parties agree, as the referee and the district court found, that the mortgage liens in question were tainted with usury. The issues before *210us are whether or not the principal of the usurious loan is forfeited, and whether, if the principal is not forfeited, legal interest must be paid…
2Cases cited21 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Auten v. AutenNew York Court of Appeals · 1954
- Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
- Halsey v. WinantNew York Court of Appeals · 1932
- New York Credit Men's Ass'n v. Manufacturers Discount Corp.New York Court of Appeals · 1948
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3Cited by1 opinion
- Adele Speare and George Speare, Individually and as Co-Partners Doing Business as the Agora Prime Rib Restaurant and the Co-Partnership of the Agora Prime Rib Restaurant. Adele Speare and George Speare, Debtors in Possession, Consolidated Assets Corporation, Appellee-AppellantCourt of Appeals for the Second Circuit · 1966