French v. Row
New York Supreme Court
Appeal from Oswego county court. Action by George G. French against Susan Row and Gould P. Row to foreclose a mortgage. From a judgment in favor of plaintiff and from two orders—one striking out the amended answer, and the other denying a motion to have the issues settled and tried before a jury—defendants appeal. Judgment and order striking out answer reversed. Order denying motion to settle issues affirmed. For former reports, see 24 N. Y. Supp. 1146; 26 N. Y. Supp. 1126.
1Opinion of the CourtMartin, J.
This action was brought in the Oswego county court to foreclose a mortgage made by the defendants, April 1, 1890, given to secure the payment of $5,000, with interest at the rate of 5" per cent, per annum, payable semiannually, the principal to be paid at the expiration of 10 years. The mortgage contained a provision that if default should be made in the payment of any sum on the day it became due, and it should remain unpaid for the space of 10 days, the whole debt should thereupon, at the option of the mortgagee, become due and payable immediately thereafter. The plaintiff claimed, and the…
2Cases cited23 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Phoenix Ins. Co. v. DosterSupreme Court of the United States · 1882
- Kenyon v. Knights Templar & Masonic Mutual Aid Ass'nNew York Court of Appeals · 1890
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Noyes v. . AndersonNew York Court of Appeals · 1891
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3Cited by5 opinions
- Cofer v. BeverlyCourt of Appeals of Texas · 1916
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- Johnson v. GoreMississippi Supreme Court · 1955
- Beil v. Supreme LodgeAppellate Division of the Supreme Court of the State of New York · 1903
- Cunningham v. HedgeAppellate Division of the Supreme Court of the State of New York · 1896