Loewenthal v. Haines
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julius Loewenthal, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2tth day of January, 1913, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1913, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Scott, J.:
The action is upon a mortgage containing a covenant to pay the sum of $10,000. This mortgage was given as collateral to another mortgage which has been foreclosed and the present action is not for foreclosure, but to enforce defendant’s liability upon her covenant to pay. Two defenses are pleaded: First, that the consideration for the instrument sued on was an usurious agreement for the forbearance of a debt, to wit, an agreement to extend a mortgage; and second, *504what is described in the answer as a “separate equitable. defense and counterclaim ” in which defendant alleges that the…
2Cases cited2 opinions
- Bennett v. Edison Electric Illuminating Co.New York Court of Appeals · 1900
- City of New York v. MatthewsAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by5 opinions
- Susquehanna Steamship Co. v. A. O. Andersen & Co.New York Court of Appeals · 1925
- Ward v. Union Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
- In re the Estate of DohertyNew York Surrogate's Court · 1935
- Dessar v. GuntherNew York Supreme Court · 1917
- Kerr Steamship Co. v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1923