Bevier v. . Covell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This action was brought to foreclose a mortgage for the sum of $3,000 executed by defendants Bessie A. and Harry C. Covell, to the plaintiff, dated July 11, 1876. The court found in substance the following among other things: On or about the first day of February, 1876, the defendant Harry Covell applied to one Eldridge, who was the agent of the plaintiff, and as such had in his hands $3,000…
1Opinion of the CourtDanforth, J.
It was not denied that the consideration of the bond and mortgage was money lent, and the trial court was led by the defendant to inquire whether it was upon an agreement void by the statute of usury. No other question was presented. The finding is to the contrary. The General Term have approved it, and I gather nothing from the appellants’ argument which should persuade this court to any other conclusion.
According to the answer, the lender imposed as condition beyond legal interest, first, the payment of a bonus of $105, and second, the acceptance by the borrower of an uncollectible judgment…
2Cases cited7 opinions
- Morton v. . ThurberNew York Court of Appeals · 1881
- Matthews v. . CoeNew York Court of Appeals · 1877
- Guggenheimer v. . GeiszlerNew York Court of Appeals · 1880
- Nourse v. Prime, Ward & SandsNew York Court of Chancery · 1823
- Marvine v. . HymersNew York Court of Appeals · 1855
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