Frank v. Davis
New York Supreme Court
Appeal by defendant from a judgment of foreclosure and sale. The action was brought by Julius J. Frank against Edward A. Davis to foreclose a mortgage on premises in -the city of New York. The facts are'fully stated in the opinion.
1Opinion of the CourtBartlett, J.
This appeal is based solely on the allegation that there was usury in the making of the mortgage sought to be foreclosed.
On January 23,1887, a contract was entered into between Isidor Cohnfeld and Elias T. Hatch, whereby Cohnfeld agreed to sell, and Hatch agreed to buy, certain real property in the city of New York, for $40,000. The title was-to pass on March 1,1887. Hatch failed to fulfill his part of the contract, and it was adjudged in the superior court of the city of New York that Cohnfeld was entitled to retain as liquidated damages $6,000, which Hatch had paid to him on account of the…
2Cases cited1 opinion
- Clarke v. . SheehanNew York Court of Appeals · 1872
3Cited by1 opinion
- McAnsh v. BlaunerAppellate Division of the Supreme Court of the State of New York · 1928