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New York Court of Appeals, 1934

Schwartz v. Fifty Greenwich Street Realty Corp.

Schwartz v. Fifty Greenwich Street Realty Corp.
New York Court of Appeals · Decided July 3, 1934 · Crane
193 N.E. 263; 265 N.Y. 443; 1934 N.Y. LEXIS 1058 (North Eastern Reporter)

Schwartz v. Fifty Greenwich Street Realty Corp.

Opinion of the Court

Judgment modified by reversing judgment as to individual defendant Leary, with costs to him in all courts, and as so modified affirmed, with costs against corporate appellants, on the authority of London v. Toney (263 N.Y. 439). No opinion. (See 265 N. Y. 512.)

Concur: Pound, Ch. J., Lehman, O’Brien, Hubbs, Crouch and Loughran, JJ.

Dissenting Opinion

Crane, J.

(dissenting). I dissent. As the corporation mortgagor could not plead usury, neither can the guarantor Leary.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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