Hartley v. . Eagle Insurance Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1915, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 15, 1915, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Where a contract of loan leaves the rate of interest to be determined by hazard, so that the lender may ultimately receive either more or less than legal interest, as the chance turns out, and the speculation is a real and not a colorable one, the transaction is not…
1Opinion of the CourtMcLaughlin, J.
In 1901 the plaintiff became vested with an equal undivided one-fourth interest in remainder, amounting to at least $43,750, in the estate of his grandfather, subject, however, to the life interest therein of his grandmother In July, 1905, in consideration of a loan of $9,500, he assigned to the defendant, through a third party, the "sum of $18,400, payable from his share of the estate with interest at six per cent from the death of his grandmother, the event upon which the principal sum became payable. He also executed a mortgage upon certain real property belonging to the estate as further…
2Cases cited16 opinions
- Schell v. . PlumbNew York Court of Appeals · 1874
- Richardson v. . HughittNew York Court of Appeals · 1879
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Quackenbos v. . SayerNew York Court of Appeals · 1875
- Abbott v. . EastonNew York Court of Appeals · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- McCaffrey v. SchwartzSupreme Court of Pennsylvania · 1926
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Goodman v. OlsenSupreme Court of Florida · 1974
- Brown v. . RobinsonNew York Court of Appeals · 1918
- Durst v. AbrashAppellate Division of the Supreme Court of the State of New York · 1964
27 more not listed; retrieve them via the Exa API.