Bennett v. Nones

Appellate Division of the Supreme Court of New York

Bennett v. Nones

3 A.D.2d 712, 159 N.Y.S.2d 277, 1957 N.Y. App. Div. LEXIS 6526

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 1957

StatusPublished

This text of 3 A.D.2d 712 (Bennett v. Nones) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bennett v. Nones, 3 A.D.2d 712, 159 N.Y.S.2d 277, 1957 N.Y. App. Div. LEXIS 6526 (N.Y. Ct. App. 1957).

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Opinion

In an action to foreclose a mortgage on real property, the answer of the owners sets up usury as an affirmative defense and counterclaim. The Official Referee, to whom the action was referred to hear and determine, decided in favor of respondent, stating that all disputed questions of fact were resolved in his favor and against appellants, and that their proof was not sufficient to establish usury. The appeal is from the judgment entered thereon. Judgment unanimously affirmed, with costs. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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In an action to foreclose a mortgage on real property, the answer of the owners sets up usury as an affirmative defense and counterclaim. The Official Referee, to whom the action was referred to hear and determine, decided in favor of respondent, stating that all disputed questions of fact were resolved in his favor and against appellants, and that their proof was not sufficient to establish usury. The appeal is from the judgment entered thereon. Judgment unanimously affirmed, with costs. Present — Nolan, P. J., Wenzel, Beldoek, Ughetta and Kleinfeld, JJ.

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Bluebook (online)

3 A.D.2d 712, 159 N.Y.S.2d 277, 1957 N.Y. App. Div. LEXIS 6526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-nones-nyappdiv-1957.