Bissell v. . Kellogg
New York Court of Appeals
These are cross appeals from judgment of the General • Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon the report of a referee.
Read the full summary
These are cross appeals from judgment of the General • Term of the Supreme Court in the fourth judicial department, modifying a judgment entered upon the report of a referee. (Reported below, 60 Barb., 617.) This action was brought to restrain the foreclosure by defendant of a mortgage given by the plaintiff Adams, to the defendant Kellogg, upon premises in Le Boy, Genesee county, of which the plaintiff Bissell is the present owner, and to compel its cancellation on the ground that it was usurious. The action was tried before a referee, who found substantially the following facts: On the 1st…
1Opinion of the Court
Reynolds, C.
It may be assumed that the judgment in the suits commenced by Kellogg for the foreclosure of the Lampson mortgage, claiming due upon it $4,000 and interest, conclusively established, as to parties and privies, that the mortgage involved in the present controversy is usurious and void. The plaintiff Bissell was neither a party nor privy in that proceeding, and is neither bound by the judgment nor can he assert any right by virtue of the estoppel created by it. The plaintiff Adams conveyed the premises covered by the mortgage in the present ease to Jackson, on the 22d of December,…
2Cases cited1 opinion
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
3Cited by8 opinions
- Equitable Life Assurance Society of United States v. CuylerNew York Court of Appeals · 1878
- Pier v. Fond du Lac CountyWisconsin Supreme Court · 1881
- Sailors v. WoelfleTennessee Supreme Court · 1907
- Nobis v. PollockNew York Supreme Court · 1889
- Reich v. CochranNew York Supreme Court · 1903
3 more not listed; retrieve them via the Exa API.