Philips v. . MacKellar
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 23, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made May 23, 1881, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage given by defendant William Maekellar and his wife to the plaintiff's testator, on the 17th day of October, 1873, to secure the payment of $12,000, the amount of a loan made to Maekellar. It appeared that the whole amount of the loan was paid to Maekellar on the 18th day of October, 1873. The loan was…
1Opinion of the CourtMiller, J.
Upon the trial of this action the court found, in substance, that the bond and mortgage in controversy were made and executed under a corrupt and usurious agreement; that the defendant paid and the plaintiff took and received a greater rate of interest than seven per cent, namely, the sum of $1,200 over and above the lawful rate of interest for the use and forbearance of the money loaned, and that this agreement was carried into effect by the parties. The testimony in reference to said alleged agreement was conflicting. It was proved by the defendant’s son that a check of the defendant,…
2Cases cited2 opinions
- Crane v. HubbelNew York Court of Chancery · 1839
- Van Wyck v. . WattersNew York Court of Appeals · 1880
3Cited by16 opinions
- Kirby v. StateCourt of Appeals of Texas · 1887
- Brown v. JonesNew York Supreme Court · 1915
- Cox v. Massachusetts Mutual Life InsuranceIllinois Supreme Court · 1885
- Hopkins v. FlowerMassachusetts Supreme Judicial Court · 1926
- Vaughan v. Peoples Mortgage Co.California Court of Appeal · 1933
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