Del Rubio v. Duchesne
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBergan, J.
The complaint is in the usual form for the foreclosure of a purchase-money mortgage which plaintiff holds as assignee. The defendants Cálvente, who were the mortgagors, and the defendant Duchesne, their grantee now in possession, assert that the mortgage is usurious and unenforcible. The court at Special Term was of opinion that usury is no answer to the foreclosure of a purchase-money mortgage and plaintiff has had summary judgment.
A purchase-money mortgage is, of course, a closely integral part of a bargain and sale transaction in passing real property. It is not legally objectionable for a…
2Cases cited14 opinions
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Freeman v. . AuldNew York Court of Appeals · 1870
- Grannis v. . StevensNew York Court of Appeals · 1916
- Hartley v. . HarrisonNew York Court of Appeals · 1861
- Post v. DartNew York Court of Chancery · 1841
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3Cited by17 opinions
- Abir v. Malky, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Mandelino v. FribourgNew York Court of Appeals · 1968
- Emery v. Fishmarket Inn of Granite Springs, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- DeSimon v. Ogden AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Reyes v. Carver Federal Savings & Loan Ass'nNew York Supreme Court · 1973
12 more not listed; retrieve them via the Exa API.