Kings County Trust Co. v. Giovinco

Judgment in so far as appealed from reversed on the law and the facts, with costs, and complaint dismissed, -with costs. Findings of fact and conclusions of law are reversed and new findings will be made to conform to this decision. The prepayment of interest on the mortgage and its acceptance without any reservation operated as an extension, and released the surety. (Germania Life Ins. Co. v. Casey, No. 1, 98 App. Div. 88; affd., 184 N. Y. 554; Reardon v. Wood, 140 Misc. 889; Reardon v. Olympic Theatre Corporation, 236 App. Div. 712; affd., 261 N. Y. 603.) Cars-well, Seudder and Tompkins,…