Kilpatrick v. . Germania Life Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order-denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 17, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order-denying a motion for a new trial. This action is brought to recover the sum of one thousand dollars alleged to have been wrongfully exacted from the plaintiff by the defendant as a bonus on the payment of a mortgage, this sum being in excess of the principal and interest called for by the plaintiff’s bond. On August 28th, 1899, the plaintiff…
1Opinion of the CourtBartlett, J.
A very narrow question is presented on this appeal. We have a mortgage given on the 28th of August, 1899, payable August 1st, 1901. The interest was payable semi-annually on February and August first. The privilege was accorded the plaintiff of paying the principal sum and interest at any time after August 28th, 1900, and prior to August 1st, 1901, upon the payment in addition to the principal sum and interest of the further sum of one thousand dollars. The mortgage contained the usual covenant that upon default in the payment of interest the principal sum, with all arrears of interest,…
2Cases cited9 opinions
- Carew v. RutherfordMassachusetts Supreme Judicial Court · 1870
- Radich v. HutchinsSupreme Court of the United States · 1877
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Stenton v. . JeromeNew York Court of Appeals · 1873
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
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- Slevin Container Corp. v. Provident Federal Savings & Loan Ass'nAppellate Court of Illinois · 1981
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