London Realty Co. v. . Riordan
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1912, reversing a judgment of the Appellate Term, which affirmed a judgment of the Municipal Court of the city of New York in favor of plaintiff, and directing a dismissal of the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 2, 1912, reversing a judgment of the Appellate Term, which affirmed a judgment of the Municipal Court of the city of New York in favor of plaintiff, and directing a dismissal of the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The provisions of sections 312 and 314 of the Banking Law have no application to the record now before this court. (Fisher v. M. L. Ins. Co., 167 N. Y. 182; Parmele Co.…
1Opinion of the Court
Cullen, Ch. J.
The action was brought in the Municipal Court to foreclose a chattel mortgage for the sum of $65. The defense was that the loan was made in violation of section 314 of the Banking Law (Consolidated Laws, ch. 2), and hence the debt was discharged and the security-avoided. The defendant applied to the plaintiff for a loan of $65 and was required to pay therefrom the sum of $10 to the plaintiff’s attorneys for their services in examining the defendant’s title to the mortgaged property and for drawing the mortgage.
The sole question involved in this appeal is the effect of the…
2Cases cited3 opinions
- Thurston v. . CornellNew York Court of Appeals · 1868
- Harger v. McCulloughNew York Supreme Court · 1846
- Eaton v. AlgerNew York Court of Appeals · 1865
3Cited by23 opinions
- Hammelburger v. Foursome Inn Corp.New York Court of Appeals · 1981
- Lloyd Capital Corp. v. Pat Henchar, Inc.New York Court of Appeals · 1992
- Capital Loan & Savings Co. v. BieryOhio Supreme Court · 1938
- Bond v. DentzerCourt of Appeals for the Second Circuit · 1974
- Equity Service Corp. v. AgullAppellate Division of the Supreme Court of the State of New York · 1937
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