Syracuse City Bank v. Tallman
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit, before a justice of the court, without a jury, The action Was for the foreclosure of a mortgage, dated April 11,1854, given by Charles A. Wheaton and wife to Horace Wheaton, to secure the payment to him of the sum of $10,000 in two years, with interest annually.
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APPEAL from a judgment entered at a special term, after a trial at the circuit, before a justice of the court, without a jury, The action Was for the foreclosure of a mortgage, dated April 11,1854, given by Charles A. Wheaton and wife to Horace Wheaton, to secure the payment to him of the sum of $10,000 in two years, with interest annually. The bond and mortgage were assigned by Horace Wheaton to the plaintiff on the same day, to secure the payment of his three promissory notes of $5000 each, held by the plaintiff. The mortgage and assignment were properly recorded April 24, 1854. The…
1Opinion of the Court
By the Court, Pratt, J.
If is somewhat difficult to understand upon what principle the decision at special term was based. If I do not mistake the purport of the judgment, the quarter’s rent due May 15th, 1856, was apportioned, the defendant Tallman being allowed rent to April 11th, the day *206upon which the mortgage became due, and the plaintiff the rent for the remainder of the quarter and subsequently. If upon default in paying the money due upon the mortgage on the 11th of April, the hank was entitled to the rents which should subsequently accrue, it was entitled to the amount for the entire…
2Cases cited10 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Astor v. MillerNew York Court of Chancery · 1830
- Howell v. RipleyNew York Court of Chancery · 1843
- Waring v. SmythNew York Court of Chancery · 1847
- Bank of Ogdensburgh v. ArnoldNew York Court of Chancery · 1835
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3Cited by20 opinions
- Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
- Ladue v. Detroit & Milwaukee RailroadMichigan Supreme Court · 1865
- Schreiber v. CareyWisconsin Supreme Court · 1880
- Rider v. . BagleyNew York Court of Appeals · 1881
- Gaynor v. BlewettWisconsin Supreme Court · 1892
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