Carr v. Morris
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fred Morris and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 21st day of July, 1919, upon the decision of the court rendered after a trial at the Otsego Special Term directing the sale of real property in an action to foreclose a mortgage, and also from an order entered in said clerk’s office on the 26th day of September, 1919, denying…
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Appeal by the defendants, Fred Morris and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Otsego on the 21st day of July, 1919, upon the decision of the court rendered after a trial at the Otsego Special Term directing the sale of real property in an action to foreclose a mortgage, and also from an order entered in said clerk’s office on the 26th day of September, 1919, denying defendants’ motion to amend the decision and judgment.
1Opinion of the Court
Kiley, J.:
On the 25th day of February, 1915, the defendants gave to the plaintiff a mortgage upon their farm situate in Otsego county, N. Y., to secure the payment of the principal sum of $2,000 as evidenced by the bond of the defendant Fred Morris, given at the same time to the plaintiff; interest was to be five per cent, payable semi-annually, and principal due three years from date. It was also provided in said mortgage that if defendant defaulted in payment of the interest or the taxes assessed against said premises for sixty days, the mortgagee could elect to have the whole amount due.…
2Cases cited3 opinions
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Repelow v. WalshAppellate Division of the Supreme Court of the State of New York · 1904
- Ashner v. Farmers Loan & Trust Co.Appellate Terms of the Supreme Court of New York · 1918
3Cited by1 opinion
- Barden v. SwortsNew York Supreme Court · 1920