Sickles v. . Flanagan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage of $2,500, executed by defendant Flanagan and wife to one Jacob Hollwegs, and by the latter assigned to plaintiff. The defense was usury.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage of $2,500, executed by defendant Flanagan and wife to one Jacob Hollwegs, and by the latter assigned to plaintiff. The defense was usury. The court found, in substance, that in May, 1874, Flanagan applied to plaintiff for a loan of $2,500 ; that plaintiff told Flanagan “he could not buy a mortgage of him, but to go and make a mortgage to some…
1Opinion of the CourtDanforth, J.
A finding of fact without evidence to support it, if excepted to, presents a question of law, subject to review in this court. Such is the case before us, and for that reason I think the plaintiff must succeed on this appeal.
The trial court found that the bond and mortgage never had any life or inception before they were assigned to the plaintiff; that they were not given to Hollwegs as a security “ but only for the purpose of being sold to the plaintiff.” A careful reading of the testimony leads us to a different conclusion, not by reason of the weight or balance of evidence, but because it…
2Cited by7 opinions
- Schanz v. SotscheckAppellate Division of the Supreme Court of the State of New York · 1915
- Todd v. Union Dime Savings InstitutionNew York Court of Appeals · 1890
- Naser v. . First National BankNew York Court of Appeals · 1889
- Cross v. SmithNew York Supreme Court · 1895
- Howard v. StoddartNew York Supreme Court · 1887
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