Legal Opinion

Bliven v. Lydecker

New York Supreme Court

Decided December 10, 1889PublishedCited by 1 opinion

Appeal from special term, Rockland county. Action by Albert A. Bliven against Smith Lydecker and others. The complaint was dismissed, and plaintiff appeals.

1Opinion of the CourtBarnard, P. J.

The action in this case is one for foreclosure of a mortgage, and the defense to the same is based upon the usury exacted from the borrower by John W. Schuler, acting as agent for his wife, Margaretta Schuler. The mortgage in this case was executed March 25, 1879, and dated February I, 1879, and has been transferred by a subsequent assignment to the plaintiff, Bliven. The testimony on behalf of the defendant tends to show that the mortgage, amounting to $4,000, was made up of the following items:

Rote dated December 12,1878, ----- $1,000 00

Interest 3 months and 13 days, 20 00

Rote dated…

2Cases cited3 opinions

  1. Stillman v. . NorthrupNew York Court of Appeals · 1888
  2. Philips v. . MacKellarNew York Court of Appeals · 1883
  3. Wyeth v. . BraniffNew York Court of Appeals · 1881

3Cited by1 opinion

  1. Silverman v. KatzAppellate Terms of the Supreme Court of New York · 1910

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