Legal Opinion

Lowenthal v. Myers

Supreme Court of New Jersey

Decided March 3, 1909PublishedCited by 2 opinions

On appeal from a decree of tlie court of chancery advised by Yice-Chancellor Learning. On appeal of Emma T. Bauer, and cross-appeal of Iiyman Lowenthal.

1Opinion of the Court

The opinion of the court was delivered by

Dill, J.

This case presents cross-appeals from a chancery decree in an action of foreclosure where the defence was usury; the vice-chancellor, while finding that the mortgage was usurious in its inception, declared that he was unable, because of the conflicting testimony, to fix the amount which should be deducted from the face of the mortgage.

The decree directed the payment of the face of the mortgage without interest, less $88.50 paid as interest and $75 paid for an extension of time of an installment due:

Both sides appealed: The complainant because…

2Cited by2 opinions

  1. Kohn v. KellyNew Jersey Court of Chancery · 1909
  2. Colleran v. WallNew Jersey Court of Chancery · 1934

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