Williams v. . Fitzhugh
New York Court of Appeals
* The Plaintiff sought in this action a judgment declaring cer- • tain six notes (made by the Plaintiff, and given to the Appellants’ testator,- Ayrault)—two dated April 3-, 185,4, for-$5,000 each, and four dated July 1, 1854, for $5,000, $6,000, $6,000, and- $4,000 respectively, amounting .in the'.aggregate to $31,000, and a mortgage; upon land in Ohio, given by the Plaintiff to secure the payment of the six-notes, void for -usury, and adjudging and decreeing-that they be…
Read the full summary
* The Plaintiff sought in this action a judgment declaring cer- • tain six notes (made by the Plaintiff, and given to the Appellants’ testator,- Ayrault)—two dated April 3-, 185,4, for-$5,000 each, and four dated July 1, 1854, for $5,000, $6,000, $6,000, and- $4,000 respectively, amounting .in the'.aggregate to $31,000, and a mortgage; upon land in Ohio, given by the Plaintiff to secure the payment of the six-notes, void for -usury, and adjudging and decreeing-that they be given up,.cancelled,.and discharged, and forbidding the prosecution of an action already commenced in one of the Courts…
1Opinion of the Court
Woodruff,
J.—The principal question which was discussed on this appeal, and which includes nearly all of the subordinate questions raised, is, will the Courts of this State entertain a bill to declare void, and compel the cancellation of a mortgage of lands lying in another State, and executed there in pursuance of a contract entered into in this State to secure loans made and payable in this State, some of which loans are usurious and void by our laws?
This question may be intelligibly discussed by inquiring, first, would such a bill be entertained under the same circumstances if the lands…
2Cases cited14 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Mitchell v. BunchNew York Court of Chancery · 1831
- Schermerhorn v. . TalmanNew York Court of Appeals · 1856
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
- Hammond v. HoppingNew York Supreme Court · 1835
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
- House v. . CarrNew York Court of Appeals · 1906
- Browne v. . VredenburghNew York Court of Appeals · 1870
- Allen v. AllenCalifornia Supreme Court · 1892
- Jordan v. HumphreySupreme Court of Minnesota · 1884
15 more not listed; retrieve them via the Exa API.