Crane v. Hubbel
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the seventh circuit. The bill was filed to restrain the defendants from proceeding, either at law or in equity, to enforce the payment of a bond and mortgage given by the complainant to the defendant A. Hubbel in May, 1830, and. a note of $28 given to the defendant L. Hubbel in May, 1831, on the ground of alleged usury thereon ; and for a decree that the bond and mortgage and note be delivered up and cancelled.
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This was an appeal from a decree of the vice chancellor of the seventh circuit. The bill was filed to restrain the defendants from proceeding, either at law or in equity, to enforce the payment of a bond and mortgage given by the complainant to the defendant A. Hubbel in May, 1830, and. a note of $28 given to the defendant L. Hubbel in May, 1831, on the ground of alleged usury thereon ; and for a decree that the bond and mortgage and note be delivered up and cancelled. The complainant charged in the bill that the moneyloaned belonged cither to the defendant L. Ilubbel,or that he had some…
1Opinion of the Court
The Chancellor.
The decision and decree of the vice chancellor, declaring the bond and mortgage in this case usurious, was clearly wrong. The allegations in the bill that the defendant L. Hubbel had an interest in the $400 loaned to the complainant, and that he had some interest in the bond and mortgage at the time of the commencement of the suit were denied by the defendants; and no evidence whatever was adduced by the complainant in support of any allegation in the bill. Even if the answer of a defendant who was no way interested in this bond and mortgage could have been read as evidence…
2Cited by14 opinions
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- Farmers & Mechanics' Bank of Genesee v. JoslynNew York Court of Appeals · 1867
- Philips v. . MacKellarNew York Court of Appeals · 1883
- Richards v. KountzeNebraska Supreme Court · 1876
- Porter v. MountNew York Supreme Court · 1865
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