Van Wyck v. . Watters
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment, in favor of defendants, entered upon the decision of the court on trial at Special Term. (Reported below, 16 Hun, 209.) This action was brought to foreclose a mortgage executed by defendants; Watters and wife, to the plaintiffs, as trustees under the will of Henry L. Yan Wyck, deceased. The defense was usury. The facts appear sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, reversing a judgment, in favor of defendants, entered upon the decision of the court on trial at Special Term. (Reported below, 16 Hun, 209.) This action was brought to foreclose a mortgage executed by defendants; Watters and wife, to the plaintiffs, as trustees under the will of Henry L. Yan Wyck, deceased. The defense was usury. The facts appear sufficiently in the opinion. The presumption of law is, that whatever one of the trustees did was with the concurrence and consent of the others. It was…
1Opinion of the CourtMiller, J.
The finding of the judge upon the trial, that the bond and mortgage, which is the subject of controversy in this action, was usurious, is not, we think, sustained by the evidence. It is established beyond any question that no portion of the money paid upon the bond and mortgage was ever received by the estate which the plaintiffs represented, or that such estate derived any benefit or advantage whatever from the alleged usury.
It is insisted by the defendants’ counsel that the alleged usury was received with the knowledge of Blunt, one of the plaintiffs and the trustee who transacted the…
2Cases cited1 opinion
- Guardian Mutual Life Insurance v. KashawNew York Court of Appeals · 1876
3Cited by7 opinions
- Jordan v. HumphreySupreme Court of Minnesota · 1884
- St. John v. . FowlerNew York Court of Appeals · 1920
- Philips v. . MacKellarNew York Court of Appeals · 1883
- Wood v. BabbittU.S. Circuit Court for the District of New Jersey · 1907
- Jones v. GayNew York Supreme Court · 1912
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