St. John v. Fowler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Stanley C. Fowler, from a judgment of the Supreme -Court in favor of the' plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of June, 1917, upon the decision of the court after a trial at the Kings County Trial Term before the court, a jury having been waived, and also, as stated in the notice of appeal, from the decision of the court.
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Appeal by the defendant, Stanley C. Fowler, from a judgment of the Supreme -Court in favor of the' plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of June, 1917, upon the decision of the court after a trial at the Kings County Trial Term before the court, a jury having been waived, and also, as stated in the notice of appeal, from the decision of the court. The judgment was for the amount of a mortgage with inter- - est, and the costs and expenses of an attempted foreclosure, in which plaintiff as assignee of the bond and mortgage had failed, because of…
1Opinion of the Court
Putnam, J.:
On account of Loeffler’s exactions, plaintiff failed in all courts in the foreclosure suit. (St. John v. Collins, 146 App. Div. 924; affd., 207 N. Y. 712.) Defendant’s client, Coffins, had applied to Kemble, a broker, who prepared an application for this loan. Loeffler accepted the loan proposal on usurious terms, saying he would make the loan after a mortgage had been put on record.
When Collins learned of this acceptance, Coffins offered to make the mortgage to Fowler, as the one person in the transaction known to him. Accordingly, as successive steps in this affair, Coffins and…
2Cases cited6 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- National Bank v. . LewisNew York Court of Appeals · 1878
- Verity v. SternbergerAppellate Division of the Supreme Court of the State of New York · 1901
- Verity v. . SternbergerNew York Court of Appeals · 1902
- St. John v. CollinsNew York Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Anam Realty Co. v. Delancey Garage, Inc.Appellate Division of the Supreme Court of the State of New York · 1920