Eagle Savings & Loan Co. v. Samuels
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,-Jennie Samuels, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings bn the 14th day of March, 1899,. upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Cullen, J.:
This action is brought to foreclose a mortgage executed to the plaintiff, which-is a building and loan association incorporated under chapter 122 of the Laws of 1851. The mortgage was given to secure not only the amount actually advanced to the defendant, but also a premium given for the loan, and monthly dues agreed to be paid on her shares. . The great burden of the appellant’s argument is-to show the unfairness of the conditions of-the loan, the extravagant rate of interest which the borrower -agreed to pay, and the illusory character of the expectation held out to her that she…
2Cases cited2 opinions
- Eaton v. . AspinwallNew York Court of Appeals · 1859
- Concordia Savings and Aid Ass'n v. . ReadNew York Court of Appeals · 1883
3Cited by2 opinions
- Breed v. RuoffAppellate Division of the Supreme Court of the State of New York · 1900
- Mutual Benefit Loan & Building Co. v. LynchAppellate Division of the Supreme Court of the State of New York · 1900