Sands v. . Church
New York Court of Appeals
* 348 1 Appeal from the general term of the Supreme -* Court, in the sixth district, where a judgment in favor of the plaintiff, in a foreclosure-suit, had been affirmed. This was a suit to foreclose a mortgage for $4500, given by James Hamilton to the plaintiff, on the 26th March 1839. The. mortgagor and all persons who had purchased and owned, dr had acquired liens upon, the ' equity of redemption, were made parties defendant.
Read the full summary
* 348 1 Appeal from the general term of the Supreme -* Court, in the sixth district, where a judgment in favor of the plaintiff, in a foreclosure-suit, had been affirmed. This was a suit to foreclose a mortgage for $4500, given by James Hamilton to the plaintiff, on the 26th March 1839. The. mortgagor and all persons who had purchased and owned, dr had acquired liens upon, the ' equity of redemption, were made parties defendant. The mortgagor suffered a default; the subsequent purchasers set up the defence of usury. On the 21st February 1842, Hamilton gave a second mortgage upon the same…
1Opinion of the Court
*Edmonds, J.
— One of the questions involved _ in this case is, how far the defence of usury is ^ 1 personal to the debtor, or may be available to other parties. The defendants who seek to set it up in this case, are merely purchasers of the equity of redemption, under a sale on the foreclosure of a junior mortgage. Relying upon the case of Morris v. Floyd (5 Barb. 130), the supreme court held, that those purchasers had a right to set it up, and seem to intend to overrule * 352 1 *^e case Mechanics' Bank v. Edwards (1 Barb. 271). The court, in 5 Barb., and the counsel in this case, on the…
2Cases cited5 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Lloyd v. ScottSupreme Court of the United States · 1830
- Morris v. FloydNew York Supreme Court · 1849
- Inhabitants of Reading v. Inhabitants of WestonSupreme Court of Connecticut · 1829
- Mechanics' Bank v. EdwardsNew York Supreme Court · 1847
3Cited by34 opinions
- Seidel v. 18 East 17th Street Owners, Inc.New York Court of Appeals · 1992
- Freeman v. . AuldNew York Court of Appeals · 1870
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Matthews v. OrmerdCalifornia Supreme Court · 1903
- Harper v. Building Ass'nWest Virginia Supreme Court · 1904
29 more not listed; retrieve them via the Exa API.