Shaw v. Wellman
New York Supreme Court
Appeal from judgment on report of referee. Action by John G. Shaw against Francis L. Wellman and others. Plaintiff appeals from a judgment dismissing his complaint upon the merits, and also from an order granting an extra allowance.
1Opinion of the CourtDaniels, J.
The judgment recovered dismissed the complaint for the foreclosure of a mortgage executed by the defendant Francis S. Wellman and Cora, his wife, to secure the payment of $5,000, with interest, to the plaintiff, his heirs, executors, administrators, or assigns, on the 1st of October, 189Í. The action was commenced in or about the month of May, 1889, because of a default by the mortgagors in the payment of the taxes for the years 1886,1887, and 1888. The mortgage provided, in case of such a default for the space of 60 days, that the principal sum secured should, at the option of the mortgagee,…
2Cases cited2 opinions
- Brown v. . BlydenburghNew York Court of Appeals · 1852
- Marine Bank v. International BankWisconsin Supreme Court · 1859
3Cited by17 opinions
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
- Cresco Realty Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Trowbridge v. Malex Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Gilbert v. Pennington Trap Rock Co.New Jersey Court of Chancery · 1944
- Kline v. 275 Madison Avenue Corp.New York Supreme Court · 1933
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