Bischoff v. Packard
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendants, Nathan J. Packard and another, from an order of the Supreme Oourt, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of March, 1911, denying the said defendants’ motion for judgment on the pleadings.
1Opinion of the Court
McLaughlin, J.:
This action is brought to procure a judgment that a note given hy the plaintiff to the defendants, and an assignment of his interest in his grandfather’s estate as collateral security for the payment of the same, are usurious and void and for a cancellation of the assignment. The defendants as an affirmative defense alleged that they brought an action against .this plaintiff in the City Oourt of the city of New York upon the note referred to in the complaint, and there procured on the 16th of December, 1908, a judgment against him for the amount due upon the note, with…
2Cases cited2 opinions
- Manhattan Life Ins. Co. v. . JohnsonNew York Court of Appeals · 1907
- Nicholas v. . LordNew York Court of Appeals · 1908