Legal Opinion

Lansing v. McKillup

New York Supreme Court

Decided May 15, 1823PublishedCited by 1 opinion

Russell, moved to set aside the judgment, &c. which . . , - , , , , was entered, by confession, on bond and warrant. .

1Opinion of the Court

J. McKillup, the principal debtor, stated in his affidavit, that the whole judgment, for $1015,29, except $115, was for usurious interest, charged by the plaintiff on'an old mortgara, and exhibited a particular statement, shewing what was V .1 il 5 really due thereon.

J. ./¥. Ely, contra, read an affidavit of the plaintiff, stating that $149,67 of the bond was due for a horse, sold to one of the defendants, and the residue for compound interest upon the mortgage, which the principal debtor had frequently promised to pay ; and which was cast by one of his sons, in his presence, and for which…

2Cases cited1 opinion

  1. Everitt v. KnappNew York Supreme Court · 1810

3Cited by1 opinion

  1. Lyon v. WelshSupreme Court of Iowa · 1866

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