Clegg v. Hamel — 41 N.Y. Super. Ct. 540

Majority

p. 540

JOHN C. CLEGG, Plaintiff and Respondent, v. FREDERICK HAMEL, Defendant and Appellant.

Before Sedgwick and Speir, JJ.

Decided June 5, 1876.

Headnote

The action was brought to foreclose a mortgage. The defenses were, 1. That the mortgage was given pursuant to, and to carry out an agreement, whereby a third party was to secure usurious rate of interest on a loan made by him to defendant. 2. That the mortgagee advanced the money secured by the mortgage, for the purpose of paying usury, and as part of the scheme whereby usury was to be secured.

The court below found in favor of plaintiff. From the judgment entered against him, defendant appealed.

George Carpenter, attorney, S. Jones of counsel, for appellant.

John C. Clegg, in person, attorney, and Geo. W. Parker, of counsel, for respondent.

wrote for affirmance, on the ground that the defenses were not sustained by the evidence.

Sedgwick, J., concurred.

Judgment affirmed with costs.