Buckingham v. Corning
New York Supreme Court
Demurer to complaint. The judgment of the special term-,, rendered upon the demurrer in this case, was affirmed by the-general term, which adopted the following opinion of the-special term (S. C., 26 Hun, 473). The court of appeals-affirmed the judgment of the general term, March 6, 1883.
1Opinion of the CourtVan Vorst, J.
This action is brought to have a bond and mortgage declared to be void for usury, and that it be delivered up and canceled.
*504The defendant Corning demurs to the complaint, tirst, upon the ground that there is a defect of parties, and second, because it does not state facts sufficient to constitute a cause of action. The defect in this latter regard being, as is claimed, that the complaint does not allege a tender of, or an offer to pay the sum borrowed, with the interest thereon.
An examination of the complaint shows that the plaintiff is the sole residuary devisee and legatee, under the last…
2Cases cited5 opinions
- Wheelock v. . LeeNew York Court of Appeals · 1876
- Allerton v. . BeldenNew York Court of Appeals · 1872
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Cope v. AldenNew York Supreme Court · 1867
- Rexford v. . WidgerNew York Court of Appeals · 1848
3Cited by1 opinion
- Devlin v. ShannonNew York Supreme Court · 1883