Bigelow v. . Hall
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 the second Tuesday of June, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage. The defense was usury. The facts material to the question discussed are stated in the opinion.
1Opinion of the CourtMiller, J.
Hpon the trial of this action the defendant Hall was called as a witness and examined in his own behalf, and testified among other things that, the consideration of the mortgage consisted of various items, and to these was added a bouns of $150, which with the other items constituted the amount of the mortgage. This bonus, it was stated, was the usurious consideration. He also testified that there was a memorandum of the items, made at the time and place of the transaction, some of the figures of which were in his handwriting and others in the handwriting of the plaintiff, which memorandum…
2Cited by8 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Clark v. National Shoe & Leather BankAppellate Division of the Supreme Court of the State of New York · 1898
- Carter v. BoweNew York Supreme Court · 1886
- Gans v. WormserAppellate Division of the Supreme Court of the State of New York · 1903
- Hartley v. Cataract Steam Engine Co. No. 2New York Supreme Court · 1892
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