Danziger v. Deline
New York Supreme Court
This action is brought to foreclose a mortgage given by the above-named two defendants in effect to secure one Rosenthal as indorser of two notes aggregating $3,500. Said notes are now held by plaintiff. The defenses are urged against the mortgage: 1. That it was usurious and void. 2. That it was executed by Oscar Deline in violation of a trust.
1Opinion of the CourtHiscock, J.
The lands covered by this mortgage belonged to a former wife of Oscar Deline. At her death she left a will whereby, in effect, she devised a life estate to her said husband with remainder to the defendant Willis Deline, who is an infant about fourteen years old. . She also by said will appointed her husband “ Executor * * * with full power and authority to buy, sell and convey and lease and mortgage real estate at his will and pleasure without bail.”
Prior to the execution of the mortgage in question said Oscar Deline had executed various mortgages, both individually and as executor, upon all…
2Cited by1 opinion
- Leffler v. BeckCity of New York Municipal Court · 1900