Kilner v. O'Brien
New York Supreme Court
Appeal from a judgment of the Orleans County Court in favor .of the plaintiff, entered upon the report of the referee. The action was brought to foreclose two mortgages. The defense was usury.
1Opinion of the Court
Smith, J.:
It may be assumed from the • uncontradicted testimony of the defendants, O’Brien and wife, that the $400 mortgage executed by them to Stanton was given for a usurious consideration. The mortgage ivas transferred by successive assignments from Stanton to Mrs. Bland, who paid full value for it, and took it without notice that it was usurious. Subsequently, as the referee found, the defendants paid and took up the Stanton mortgage by executing to Mrs. Bland a new mortgage for $600, the consideration of which was the amount then due upon the Stanton mortgage, and, in addition thereto, a…
2Cases cited9 opinions
- Jackson ex dem. Bartlett v. HenryNew York Supreme Court · 1813
- Powell v. WatersCourt for the Trial of Impeachments and Correction of Errors · 1826
- Cope v. . WheelerNew York Court of Appeals · 1869
- Kent v. WaltonNew York Supreme Court · 1831
- Tuthill v. DavisNew York Supreme Court · 1822
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