Frank v. Davis
New York Supreme Court
Appeal from special term, New York county. Action by Julius J. Frank against Edward A. Davis, to foreclose a mortgage. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBartlett, J.
This appeal is based solely on the allegation that there was usury in the making of the mortgage sought to be foreclosed. On January 28, 1887, a contract was entered into between Isidor Cohnfeld and Elias T. *145Hatch, whereby Gohnfeld agreed to sell, and Hatch agreed to buy, certain real property in the city of Hew York for $40,000. The title was to pass on March 1, 1887. Hatch failed to fulfill his part of the contract, and it was adjudged in the superior court of the city of Hew York that Gohnfeld was entitled to retain as liquidated damages $6,000, which Hatch had paid to him on account of…
2Cases cited1 opinion
- Clarke v. . SheehanNew York Court of Appeals · 1872
3Cited by5 opinions
- Dressler v. MV SandpiperCourt of Appeals for the Second Circuit · 1964
- Dressler v. The Mv SandpiperCourt of Appeals for the Second Circuit · 1964
- Dhnh Realty Corp. v. Marino P. Jeantet Residence for Seniors, Inc.New York Supreme Court · 1980
- Frank v. DavisNew York Supreme Court · 1891
- Scheidig v. BemisNew York Supreme Court · 1890