Legal Opinion · Dissent

Bliss v. Sherill

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900Published

Interlocutory judgment affirmed, with costs. —Appeal from a judgment entered in the clerk’s office of Erie county on the 24th day of March, 1899, upon the decision of the court at a Special Term of the Supreme Court held in and for said county. The action was commenced on the 12th day of November, 1895, to foreclose a mortgage dated.

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Interlocutory judgment affirmed, with costs. —Appeal from a judgment entered in the clerk’s office of Erie county on the 24th day of March, 1899, upon the decision of the court at a Special Term of the Supreme Court held in and for said county. The action was commenced on the 12th day of November, 1895, to foreclose a mortgage dated. November 1, 1894, made by the defendant Charles L. Slier-rill and his wife to secure the payment of $50,000 at the expiration of five years from date, with interest, according to the conditions of a bond bearing even date therewith. The only defense interposed or…

1DissentAdams, P. J.

(dissenting) : The “ bonus ” exacted as a condition of the loan in question was the unconscionable sum of $10,000, which was about one-third of the amount actually loaned. By an arrangement entered into between the lender’s husband and the negotiator of the loan, one-half of this sum was paid over to the former and by him transferred to his wife’s bank account in reduction, as it was claimed, of a certain indebtedness owing by him to her. This arrangement was certainly a most ingenious, one, bub it requires something of a strain upon human credulity to believe that it was entered into and…

2Cases cited1 opinion

  1. Bliss v. SherrillAppellate Division of the Supreme Court of the State of New York · 1897

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