Schanz v. Sotscheck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carl Sotscheck-and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 29th day of October, 1913, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
Action to foreclose a mortgage upon real estate. The appellants interposed an answer setting up the defense of usury, and asked for a cancellation of the mortgage upon that ground. At the trial the court dismissed the defense, as it considered the facts alleged did not constitute usury.
The answer alleged that on February 3, 1911, the firm of Frederick Zittel & Sons agreed with the appellant Carl Sots-check to obtain for him a loan upon his bond and mortgage for $12,000, bearing six per cent interest, upon his paying a bonus of $1,800, which was also to cover the expenses…
2Cases cited5 opinions
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Birdsall v. . PattersonNew York Court of Appeals · 1872
- Smith v. . CrossNew York Court of Appeals · 1882
- Braine v. RosswogAppellate Division of the Supreme Court of the State of New York · 1897
- Milliken v. GoldenNew York Supreme Court · 1893
3Cited by6 opinions
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Miller v. Discount Factors, Inc.New York Court of Appeals · 1956
- Topping v. Trade Bank of New YorkCourt of Appeals for the Second Circuit · 1936
- Silverstein v. TaubenkimmelAppellate Division of the Supreme Court of the State of New York · 1924
- Ryan v. Allstate InsuranceDistrict Court, S.D. New York · 1962
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