Ashner v. Farmers Loan & Trust Co.
Appellate Terms of the Supreme Court of New York
Appeal by defendant from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, in favor of the plaintiff.
1Opinion of the CourtPhilbin, J.
The plaintiff applied to the defendant company for an extension of the times of payment of three bonds and mortgages aggregating $205,000 on real estate owned by him. The mortgages were in defendant’s custody and one of them matured on December 24, 1916, and the other two on January 10, 1917.
The negotiations were conducted by correspondence which opened with a letter from plaintiff on November 14, 1916, requesting extensions for a period of five years “ on the same conditions ” and offering to pay the sum of $32,000 in reduction of the principal sums of the three mortgages. The defendant on…
2Cases cited7 opinions
- Sanders v. Pottlitzer Bros. Fruit Co.New York Court of Appeals · 1894
- Dung v. . ParkerNew York Court of Appeals · 1873
- Olmstead v. . LatimerNew York Court of Appeals · 1899
- Disken v. HerterAppellate Division of the Supreme Court of the State of New York · 1902
- Taylor v. . NostrandNew York Court of Appeals · 1892
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3Cited by1 opinion
- Carr v. MorrisAppellate Division of the Supreme Court of the State of New York · 1920