Estevez v. . Purdy
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 6 Hun, 46.) This action was brought for the foreclosure of a bond and mortgage for the sum of $5,000, executed by defendants, Emily E. and Ambrose H. Purdy, to plaintiffs.
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Appeal from order of the G-eneral Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 6 Hun, 46.) This action was brought for the foreclosure of a bond and mortgage for the sum of $5,000, executed by defendants, Emily E. and Ambrose H. Purdy, to plaintiffs. The court found, in substance, that Mrs. Purdy made application to a Mr. Butcher, an agent of plaintiffs, for the loan, who exacted and retained out of the $5,000 loaned the sum of $500, he representing that…
1Opinion of the CourtEarl, J.
The question to be determined by us is whether the plaintiffs’ -securities, which provide for the payment-.to them of the precise -amount loaned by them, with lawful interest, are tainted-with usury and void because.their agent, in making the loan, -without their -knowledge or consent, extorted from the defendants the. sum of $500, upon the false pretence that a portion thereof 'was for his services and the-balance was. a bonus for his principals. This question must, upon authority,, be .determined in favor of the plaintiffs.
In Condit v. Baldwin (21 N. Y., 219) the plaintiff placed in the…
2Cases cited3 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Bell v. . DayNew York Court of Appeals · 1865
- Algur v. . GardnerNew York Court of Appeals · 1873
3Cited by11 opinions
- Acheson v. ChaseSupreme Court of Minnesota · 1881
- Franzen v. HammondWisconsin Supreme Court · 1908
- Brown v. JohnsonUtah Supreme Court · 1913
- Jones v. GayNew York Supreme Court · 1912
- Barger v. TaylorOregon Supreme Court · 1895
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