Anderson v. Rapelye
New York Court of Chancery
This was an appeal from a decree of the assistant vice chancellor of the first circuit. The object of the complainant’s bill was to set aside an assignment of a bond and mortgage from him to the defendant, and to have another bond, given by him and his father-in-law to the defendant, guaranteeing the payment of such bond and mortgage by the mortgagor delivered up and cancelled, on the ground of usury.
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This was an appeal from a decree of the assistant vice chancellor of the first circuit. The object of the complainant’s bill was to set aside an assignment of a bond and mortgage from him to the defendant, and to have another bond, given by him and his father-in-law to the defendant, guaranteeing the payment of such bond and mortgage by the mortgagor delivered up and cancelled, on the ground of usury. The facts of the case were substantially as follows : The complainant held a bond and mortgage against John Anderson, given on the 8th of December, 1836, conditioned for the payment of $3000, in…
1Opinion of the Court
The Chancellor.
As this suit was commenced subsequently to the adoption of the 17th rule as amended in May, 1839, whatever is stated in the bill as the act or deed of the defendant, or as a fact within his personal knowledge, and which is not denied in the answer, is considered as admitted for all the purposes of this suit. And the answer of the defendant could not be excepted to for insufficiency in that respect, so as to compel a further discovery as incidental to the relief sought by the bill. (Clute & Mead v. Bool, 8 Paige’s Rep. 88.) The evidence of Rem-sen, therefore, appears to be of…
2Cases cited1 opinion
- Mazuzan v. MeadNew York Supreme Court · 1839
3Cited by2 opinions
- Plaut v. StoreyIndiana Supreme Court · 1892
- Leet v. McMasterNew York Supreme Court · 1868