Schieck v. Donohue
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Donohue, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 15th day of January. 1903, denying her motion to set aside the judgment theretofore entered herein, and for restitution.
1Opinion of the Court
Ingraham, J.:
The action was brought to foreclose a mortgage made'by the appellant to secure the sum of $2,000, with interest. The mortgage was due on the 6th day of April, 1905, and it contained a clause that if there was default in the payment of the interest for thirty days the principal sum should at once become due at the option of the *169mortgagee. The complaint alleged that the interest upon said bond and mortgage which became due and payable on the 6th days of April and October, 1901, had never been paid and that more than-thirty days had elapsed since the same became due and payable, and…
2Cases cited1 opinion
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- Seagram-Distillers Corp. v. LangSupreme Court of Minnesota · 1950
- Livingston v. BauchhensAppellate Division of the Supreme Court of the State of New York · 1938
- Hidden v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1904
- Seagram-Distillers Corp. v. LangSupreme Court of Minnesota · 1950