Tillitson v. Nye
New York Supreme Court
Appeal from special term, Monroe county. Action by George F. Tillitson against Alvin B. Nye and another . to set aside certain mortgages, on the ground that they were usurious. The complaint was dismissed on the opening of the case, and plaintiff appeals.
1Opinion of the CourtWaed, J.
The judgment in this case dismissed the complaint “on the opening,” with costs. What the opening was does not appear in the papers before us, but the counsel seemed to assume, upon the argument, that the complaint was dismissed because it did not allege a cause of action; and if it did not, the appellant’s counsel admitted the judgment should be sustained. In such a case, a motion to dismiss the complaint on the opening is proper. Sheridan v. Jackson, 72 N. Y. 170. The complaint set forth the giving of three mortgages. The second mortgage embraced certain items of interest that had a'ccrued…
2Cases cited7 opinions
- Young v. . HillNew York Court of Appeals · 1876
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
- Sheridan v. . JacksonNew York Court of Appeals · 1878
- Bartholomew v. YawNew York Court of Chancery · 1841
- Thompson v. Berry & Van BeurenNew York Court of Chancery · 1818
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