Empire Trust Company v. . Coleman

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 18, 1915, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to foreclose three mortgages upon certain premises in Nassau county. The defense was usury. The Special Term held that while usury was proven as a fact the only penalty which accrued to the plaintiff was a loss of any unpaid interest. Accordingly, therefore, it decreed judgment for the amount of the principal sum due,…