Grussy v. Schneider

The opinion of the learned justice who presided at the special term when this cause was tried, delivered by him (50 How. Pr., 134), satisfactorily and fully disposed of the question presented on this appeal. It is only necessary to add to the cases cited by him that of Hale agt. Patton (60 N. Y., 233), which had not been decided when his views were expressed. In that case it is determined that the mortgage debtor must seek his creditor to pay his interest, if he be within the state, and that rule rendered it obligatory upon the defendant herein to go to the plaintiff’s residence or place of…