Hunt v. . Purdy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage. Defendant Field was sought to be charged personally upon a guaranty of the payment of the mortgage and accompanying bond.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage. Defendant Field was sought to be charged personally upon a guaranty of the payment of the mortgage and accompanying bond. He defended on the ground, among others, of loches on the part of plaintiff in enforcing collection after notice so to do, to his damage. By the terms of the bond, in case of non-payment of interest .for thirty days after…
1Opinion of the Court
Folger, Ch. J.
The finding of the trial court is conclusive upon the issue of a usurious contract. The testimony was conflicting ; and that as to the lack of knowledge and intent upon the part of the ulaintiff so positive that the finding is sustained.
The testimony is also conflicting as to the notice to foreclose. The additional findings, however, sustain the claim of the defendant, that he told the plaintiff to “ collect that mortgage in the spring, and not to let it run over the time it is due.” That saying was in January or February, 1875. The trial court found that it did not give notice,…
2Cases cited4 opinions
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Remsen v. . BeekmanNew York Court of Appeals · 1862
- Singer v. TroutmanNew York Supreme Court · 1867
3Cited by16 opinions
- Chapman v. HoageSupreme Court of the United States · 1936
- Winn v. Village of RutlandSupreme Court of Vermont · 1880
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- United States v. De VisserDistrict Court, S.D. New York · 1882
- Osborne v. HeywardAppellate Division of the Supreme Court of the State of New York · 1899
11 more not listed; retrieve them via the Exa API.