Lansing v. McKillup
New York Supreme Court
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
- Everitt v. KnappNew York Supreme Court · 1810
3Cited by1 opinion
- Lyon v. WelshSupreme Court of Iowa · 1866