Farnsworth v. Ebbs
New York Supreme Court
Appeal from a judgment in favor of the plaintiffs, entered upon the report of a referee. The facts are stated in the opinion. cited Birdsall v. Patterson (51 N. Y., 43); Simmons v. Sisson (26 id., 264); Lobdell v. Lobdell (36 id., 327); Hildebrant v. Crawford (6 Lans., 502); Card v. Card (7 Trans. App., 146). cited Hatch v. Peugnet (64 Barb., 190); Lyon v. Snyder (61 id., 172); Simar v. Canady (53 N. Y., 298); Minier v. Minier (4 Lans., 421).
1Opinion of the Court
Gilbert, 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. The defendant, George W. Ebbs, and another defendant, who is a junior mortgagee, set up the defense of usury. The defendant, Maria, appeared in *439the suit, but did not answer. No bond or other evidence of debt accompanied the mortgage. Upon the trial, Maria 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 loaned, and that…
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