New York Mortgage Co. v. Garfinkel

New York Court of Appeals

New York Mortgage Co. v. Garfinkel

179 N.E. 33, 258 N.Y. 5, 1931 N.Y. LEXIS 787

CourtNew York Court of Appeals

DecidedDecember 1, 1931

StatusPublished

Cited by3 cases

This text of 179 N.E. 33 (New York Mortgage Co. v. Garfinkel) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

New York Mortgage Co. v. Garfinkel, 179 N.E. 33, 258 N.Y. 5, 1931 N.Y. LEXIS 787 (N.Y. 1931).

Pincite

Opinion

Per Curiam.

The evidence justifies the inference that the president and the attorney-director in making the loan and in taking the bonus were acting for and in behalf of the corporation. On this point the plaintiff has at least failed to call these two officers to show what became of the money they received.

Whether the mortgage would be void for usury if the two officers, betraying their trust and violating their duty, personally accepted a bonus for the loan from the corporation, we do not decide.

The judgment should be affirmed, with costs.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O Brien and Hubbs, JJ., concur.

Judgment affirmed.

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