# Brown v. Robinson

> Appellate Division of the Supreme Court of the State of New York · July 10, 1916 · 173 A.D. 583

URL: https://www.frixlaw.com/law-library/cases/5241536

## Case

- **Full name:** Lawrence E. Brown, as Substituted Testamentary Trustee under the Last Will and Testament of Agnes Hyatt Robinson v. Charles A. Robinson, Individually and as Trustee under the Last Will and Testament of Agnes Hyatt Robinson, and Others, Impleaded with George Hyatt Robinson and Others
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** July 10, 1916
- **Citations:** 173 A.D. 583; 160 N.Y.S. 287; 1916 N.Y. App. Div. LEXIS 7637
- **Precedential status:** Published
- **Opinion:** Dissent by McLaughlin
- **Judges:** Clahke, McLaughlin
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5241536

## Opinion text

McLaughlin, J. (dissenting):
I am unable to distinguish this case from Hall v. Eagle Insurance Company ( 151 App. Div. 815 ; affd., without opinion, 211 N. Y. 507 ). The pleadings, and the evidence adduced at the trial, including the instruments involved in the transaction, are similar to those in the Hall case. The court there held that the instruments executed at the time of the loan was *598 made were, in effect, a mortgage to secure defendant what it was legally entitled to recover, which was the sum advanced, with legal interest thereon. So I think we should here hold, following the Hall case, that the instruments delivered to the Eagle Insurance Company are equitable mortgages and a recovery should be had thereon to the amount of the money actually advanced, with legal interest.
I am, therefore, unable to concur in the prevailing opinion, in so far as it holds that such instruments are usurious, null and void. I think the judgment should be affirmed.
Judgment modified as directed in opinion, and as modified affirmed, with costs to plaintiff payable out of the estate; costs to defendant George H. Robinson against Eagle Insurance Company, and costs to Empire Trust Company against George H. Robinson. Order to be settled on notice.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5241536. Public record. Not legal advice.