Stillman v. . Northrup
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made September 15, 1885, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was upon a guaranty contained in an assignment of a bond and mortgage.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made September 15, 1885, which affirmed a judgment in favor of defendants, entered upon the report of a referee. This action was upon a guaranty contained in an assignment of a bond and mortgage. About February 1, 1876, Thomas Bishop applied to Nelson F. Stillman, a brother of the plaintiff, for a loan of $1,000, and Nelson, acting as the agent of the plaintiff, made the loan upon a promissory note made by Bishop and indorsed by the defendants. At the time of making the…
1Opinion of the CourtEarl, J.
If the note made by Thomas Bishop and indorsed by the defendants for the money borrowed of the plaintiff was void on account of usury, then the substituted security, the mortgage given to secure the same debt, was. tainted with the same infirmity and also void.
There is no proof or claim that the plaintiff received any part of the $50, which was exacted by her brother as a condition of the loan to Thomas Bishop, or that she had any benefit, whatever therefrom. It is undisputed that she actually loaned and advanced to Bishop $1,000, the full amount of the note, that the money loaned belonged to…
2Cases cited2 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Craig v. . ParkisNew York Court of Appeals · 1869
3Cited by61 opinions
- Houghton v. BurdenSupreme Court of the United States · 1913
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Catskill National Bank v. DumaryNew York Court of Appeals · 1912
- State Ex Rel. Greene County v. National BankSupreme Court of North Carolina · 1927
- Everson v. . GereNew York Court of Appeals · 1890
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