Farnsworth v. Ebbs
New York Supreme Court
Appeal by the defendant George W. Ebbs, from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought in Genesee county by Alonzo D. Farnsworth and others, executors of the last will of Samuel Ward, deceased, against George W. Ebbs and Maria P. Ebbs, his wife, and others, to foreclose a mortgage executed by the defendants Ebbs to plaintiff’s testator. The defense was usury.
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Appeal by the defendant George W. Ebbs, from a judgment in favor of plaintiffs, entered upon the report of a referee. The action was brought in Genesee county by Alonzo D. Farnsworth and others, executors of the last will of Samuel Ward, deceased, against George W. Ebbs and Maria P. Ebbs, his wife, and others, to foreclose a mortgage executed by the defendants Ebbs to plaintiff’s testator. The defense was usury. The only material question involved in the case arose upon the ruling of the referee striking out the testimony of the defendant Maria Ebbs, as. to certain conversations between…
1Opinion of the CourtGilbert, J.
This is a suit brought by the executors of Samuel Ward, deceased, to foreclose a.mortgage given to their testator by the defendants George W. Ebbs -and his wife, Maria P. Ebbs. The defendant George W. Ebbs and another defendant, who is a junior mortgagee, set up the defense of usury. The defendant Maria P. Ebbs appeared in the suit, but did not answer. No bond or other evidence of debt accompanied the mortgage. Upon the trial the defendant Maria P. Ebbs was admitted as a witness to prove the usury. She testified that she went with her husband to Mr. Ward’s house to get the money which was…
2Cases cited3 opinions
- Birdsall v. . PattersonNew York Court of Appeals · 1872
- Simmons v. . SissonNew York Court of Appeals · 1863
- Hildebrant v. CrawfordNew York Supreme Court · 1871