Shute v. Stattman

Appellate Division of the Supreme Court of New York

Shute v. Stattman

246 A.D. 777

Procedural entryThis page is a short order in Shute v. Stattman. Read the opinion of the Court — 254 A.D. 783 →

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Judgment for plaintiff in an action to foreclose a mortgage reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event, on the ground that the determination that the loan, evidenced by the bond to secure which the mortgage was given, was not tainted with usury is against the weight of the evidence. Findings of fact numbered first, second, seventh, eighth and eleventh are reversed. Young, Hagarty, Carswell and Johnston, JJ., concur; Lazansky, P. J., not voting.

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Judgment for plaintiff in an action to foreclose a mortgage reversed on the law and the facts and a new trial granted, with costs to appellants to abide the event, on the ground that the determination that the loan, evidenced by the bond to secure which the mortgage was given, was not tainted with usury is against the weight of the evidence. Findings of fact numbered first, second, seventh, eighth and eleventh are reversed. Young, Hagarty, Carswell and Johnston, JJ., concur; Lazansky, P. J., not voting.

Shute v. Stattman, 246 A.D. 777 (N.Y. Ct. App. 1935).

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