Legal Opinion

Brown v. Dewey

New York Court of Chancery

Decided August 22, 1843PublishedCited by 3 opinions

The bill was filed for the purpose of having a deed executed by Brown to Dewey, conveying a farm in the county of Schoharie, declared to be a security, and to have it given up and cancelled on the ground of usury. The answer, which was on oath, denied that the deed was intended as a security, and denied all the charges of usury. A great number of witnesses were examined on both sides.

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The bill was filed for the purpose of having a deed executed by Brown to Dewey, conveying a farm in the county of Schoharie, declared to be a security, and to have it given up and cancelled on the ground of usury. The answer, which was on oath, denied that the deed was intended as a security, and denied all the charges of usury. A great number of witnesses were examined on both sides. The facts are so fully stated in the opinion of the court, that it is unnecessary to detail .them here.

1Opinion of the Court

The Assistant Vice-Chancellor.

Prior to 1836, the complainant became indebted to the defendant for borrowed *61money. In the winter of that year, he bought the farm in question, and borrowed more money of the defendant, in order to make the purchase. His whole debt amounting to $1100 at that time, he gave to the defendant a bond and mortgage on the farm to secure it, dated March 9, 1836, and payable in annual instalments, extending ten years. In 1837, the defendant made a further loan to the complainant. In 1838, he discounted for the complainant a note of $200, made by the latter, and also…

2Cases cited8 opinions

  1. Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
  2. Clark v. HenryCourt for the Trial of Impeachments and Correction of Errors · 1823
  3. Roach v. CosineNew York Supreme Court · 1832
  4. Holmes v. GrantNew York Court of Chancery · 1840
  5. Skinner v. MillerCourt of Appeals of Kentucky · 1824

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Hickox v. LoweCalifornia Supreme Court · 1858
  2. Frowenfeld v. HastingsCalifornia Supreme Court · 1901
  3. Morrison v. BrandNew York Court of Common Pleas · 1873

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