Preston v. . Rockey
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1906, a (tinning a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for the foreclosure of a mortgage. The nature of the action and the facts, so far as rpaterial, are stated in the opinion. The mortgage was unauthorized and is void for usury. (Roberts v. Cronk, 94 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 12, 1906, a (tinning a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action for the foreclosure of a mortgage. The nature of the action and the facts, so far as rpaterial, are stated in the opinion. The mortgage was unauthorized and is void for usury. (Roberts v. Cronk, 94 App. Div. 175 ; State v. Chambers, 93 N. C. 600 ; C. M. B. & B. Society v. Wyatt, 59 Atl. Rep. 553 ; Bank v. Alvord, 31 N. Y. 473 ; Douglas v.…
1Opinion of the CourtHiscock, J.
The questions presented upon this appeal relate to the rights and obligations of a borrower upon bond and mortgage from a building and loan association which has become insolvent, such borrower being also a shareholder in said association. Their presentation has been occasioned by the decision of the Appellate Division affirming the action of the trial court charging the appellants with certain stuns for fines, dues and interest, and refusing to credit them upon their indebtedness for actual advances with certain other sums paid by way of dues and interest upon premium charged upon the loan,…
2Cases cited4 opinions
- Hall v. StowellAppellate Division of the Supreme Court of the State of New York · 1902
- Riggs v. CarterAppellate Division of the Supreme Court of the State of New York · 1902
- Roberts v. CronkAppellate Division of the Supreme Court of the State of New York · 1904
- Riggs v. . CarterNew York Court of Appeals · 1903
3Cited by4 opinions
- Warner v. Mutual Building & Investment Co.Ohio Supreme Court · 1934
- Huntington Savings & Loan Ass'n v. Cocker, New York County Courts1933
- Leighton v. Leighton Lea Ass' nAppellate Division of the Supreme Court of the State of New York · 1910
- Preston v. . ReinhartNew York Court of Appeals · 1906