Hirsch v. Trainer
New York Supreme Court
Foreclosure of a mortgage. This suit was by David Hirsch against Alicia F. Trainer, individually, and as executrix of the last will and testament of Marcella Hanrahan, John B. Trainer, her husband, and others, to foreclose a mortgage made in November, 1873, by the said Marcella Hanrahan to her son-in-law, John B. Trainer, and assigned by the latter to the plaintiff. ' Hirsch first heard of the mortgage through his attorney, who simply told him such a mortgage could be…
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Foreclosure of a mortgage. This suit was by David Hirsch against Alicia F. Trainer, individually, and as executrix of the last will and testament of Marcella Hanrahan, John B. Trainer, her husband, and others, to foreclose a mortgage made in November, 1873, by the said Marcella Hanrahan to her son-in-law, John B. Trainer, and assigned by the latter to the plaintiff. ' Hirsch first heard of the mortgage through his attorney, who simply told him such a mortgage could be bought, and left the whole transaction of purchasing to Ms attorney. In December, 1873, Mrs. Hanrahan, in a proceeding…
1Opinion of the CourtVan Vorst, J.
Two defenses are interposed to the .mortgage, sought to be foreclosed in this action. The first, that when the mortgage was made the mortgagor was of unsound mind, and incapable of the management of her affairs. The second, that the money was raised on the mortgage at a usurious rate of interest, and that the mortgage is void.
The plaintiff is the assignee of the mortgage. The findings of the jury, in the proceedings instituted in the court of common pleas to inquire into the mental condition of the mortgagor that she was of unsound mind and incapable of managing her affairs, are not…
2Cases cited20 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Van Deusen v. . SweetNew York Court of Appeals · 1873
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Blanchard v. NestleNew York Supreme Court · 1846
- Morse v. CrawfordSupreme Court of Vermont · 1845
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3Cited by1 opinion
- Weinberg v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1938