Bliss v. Sherrill
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles L. Sherrill, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Erie on the 19th day of November, 1896, upon the decision of the court rendered after a trial at the Erie Special Term.
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Appeal by the defendant, Charles L. Sherrill, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Erie on the 19th day of November, 1896, upon the decision of the court rendered after a trial at the Erie Special Term. The defendant Sherrill and his wife executed a bond and mortgage to the plaintiff (respondent)'on the 1st day of November, 1894, to secure the payment of §50,000. The mortgage was upon a lot in the city of Buffalo and a building in the process of construction. This building was a monolithic cement structure…
1Per curiam
It appeared from the evidence that, at the time of the loan which resulted in this action, there was great stringency in the money market in Buffalo. Loans were hard to obtain, and that was the reason given by the plaintiff’s agent for the extraordinary demand of $10,000 bonus out of a $50,000 loan, with interest on the whole amount. The circumstances surrounding the case and the careful examination of the evidence leaves no doubt of the oppressive character of the contract forced upon the defendant.
The plaintiff seeks to shield herself from complicity in the transaction by saying that she…
2Cases cited5 opinions
- Elwell v. . ChamberlinNew York Court of Appeals · 1864
- Johnson v. JonesNew York Supreme Court · 1848
- Algur v. . GardnerNew York Court of Appeals · 1873
- Braine v. RosswogAppellate Division of the Supreme Court of the State of New York · 1897
- Dove v. MartinMississippi Supreme Court · 1852
3Cited by7 opinions
- Brown v. ReimanAppellate Division of the Supreme Court of the State of New York · 1900
- Poel v. Brunswick-Balke-Collender Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bliss v. SherillAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Town of RutlandNew York Supreme Court · 1910
- Bliss v. SherillAppellate Division of the Supreme Court of the State of New York · 1900
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