Hudnit v. Nash
Supreme Court of New Jersey
This was an appeal from a decree made by Whelpley, Chief Justice, sitting as judge in equity, in the Circuit Court of the county of Hunterdon. The bill was filed by Peter Polliemus to foreclose a mortgage given by Francis McOue and wife, on the 6th of April, 1858, to Elisha Warford, to secure the payment of $600; and by Warford assigned to the complainant.
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This was an appeal from a decree made by Whelpley, Chief Justice, sitting as judge in equity, in the Circuit Court of the county of Hunterdon. The bill was filed by Peter Polliemus to foreclose a mortgage given by Francis McOue and wife, on the 6th of April, 1858, to Elisha Warford, to secure the payment of $600; and by Warford assigned to the complainant. The premises were subject to a prior mortgage given by McOue and wife to Tobias Hash, which mortgage, the bill alleged, was executed and delivered upon an usurious contract between McOue and Hash, and was, therefore, null and void as…
1Opinion of the CourtWhelpley, C. J.
It is conceded, on the proof made, that Nash’s mortgage was founded on an usurious contract, although the usury was not included in the mortgage, but took the shape of a note, given by way of bonus, which has not been paid.
• That there was an usurious contract upon which the mortgage was given, is clear upon the evidence. The only question to be decided is, can the plaintiff and defendants avail themselves of the defence in this suit?
The bill is filed by the assignee of the second mortgage given by McOue and wife, against Nash, the first mortgagee, Tinsman, the owner of the third mortgage,…
2Cases cited4 opinions
- Vroom v. DitmasNew York Court of Chancery · 1834
- Fulton Bank v. BeachNew York Court of Chancery · 1829
- Morgan v. SchermerhornNew York Court of Chancery · 1829
- Ruddell v. AmblerSupreme Court of Arkansas · 1857
3Cited by3 opinions
- Gorrin v. HigginsNew Jersey Superior Court Appellate Division · 1962
- Schuran v. Walnut Hill Assoc.New Jersey Superior Court Appellate Division · 1991
- Krause v. HartungNew Jersey Court of Chancery · 1931