Morton v. . Thurber
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an. order made May 24, 1879, affirming a judgment in favor of defendants, entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an. order made May 24, 1879, affirming a judgment in favor of defendants, entered upon the report of a referee. Two actions were originally brought by plaintiff against defendants, one to have a deed to' defendant Thurber declared to be a mortgage and void on the ground of usury, the other to recover damages for injury to plaintiff’s property and business, alleged to have been caused by defendants’ negligence, also for trespass in talcing and carrying away chattels and in unlawfully…
1Opinion of the CourtRapallo, J.
In the first of these cases the only claim made on the present appeal is that the deed and bill of sale to the defendant Thurber should be declared to be mortgages merely, and to be void for usury, yo relief by way of redemption is demanded, nor is the ready offer to pay the mortgage debt.
Assuming that the instruments in question were taken by the defendant Thurber as security merely and are to be treated as mortgages, we are of opinion that the plaintiff has failed to make out a case of usury.
The facts upon which the charge is predicated are, as- found by the referee, substantially as…
2Cases cited1 opinion
- Guggenheimer v. . GeiszlerNew York Court of Appeals · 1880
3Cited by26 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Brown v. . RobinsonNew York Court of Appeals · 1918
- Garvin v. LintonSupreme Court of Arkansas · 1896
- Continental Savings & Building Ass'n v. WoodCourt of Appeals of Texas · 1930
- Chakales v. DjiovanidesSupreme Court of Virginia · 1933
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