Pooler v. Curtiss
New York Supreme Court
Appeal by the defendant, Harry Curtiss, from an order denying a motion for a new trial, and also, from a judgment in favor of the plaintiffs, John Pooler and Levantia Pooler, his wife. The facts appear sufficiently in the opinion.
1Opinion of the CourtMullin, P. J.
This action was brought to set aside a mortgage given by John Pooler and wife to the defendant for the sum of $731.52, as being illegal and void for usury.
Mrs. Pooler desired to procure title to the premises described in the mortgage, which had been purchased on a foreclosure sale of a prior mortgage thereon by S. M. & A. Richmond, and for which they had paid the sum of $731 or thereabouts, and they agreed with Mrs. Pooler to convey the premises to her on being paid the amount paid by them for the same.
The husband, not having the money to pay for said premises, applied to the defendant to…
2Cases cited3 opinions
- Jackson ex dem. Norris v. SmithNew York Supreme Court · 1827
- Ross v. . AckermanNew York Court of Appeals · 1871
- People v. BlakeleyNew York Supreme Court · 1859