Hartley v. Tatham
New York Court of Appeals
Action to foreclose a mortgage, brought in the Superior Court of the city of Hew York. Michael Cunningham, one of the defendants, in May, 1861, executed and delivered his bond and mortgage, for the payment of the sum of fifteen hundred dollars, to Samuel W. Dunscomb, or his assigns. Dunscomb on the 13th day of May, 1862, assigned and transferred the bond and mortgage to the plaintiff, who on the 16th day. of June, 1862, commenced this action to foreclose the mortgage.
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Action to foreclose a mortgage, brought in the Superior Court of the city of Hew York. Michael Cunningham, one of the defendants, in May, 1861, executed and delivered his bond and mortgage, for the payment of the sum of fifteen hundred dollars, to Samuel W. Dunscomb, or his assigns. Dunscomb on the 13th day of May, 1862, assigned and transferred the bond and mortgage to the plaintiff, who on the 16th day. of June, 1862, commenced this action to foreclose the mortgage. In 1861, one Alfred A. Arment, by the consent of Dunscomb, and also by an agreement with him, became entitled to a conveyance…
1Opinion of the Court
Desio, Oh. J.
I assent to the conclusion of the Supreme Court that the $490.03 ought tó be allowed as a payment on account of the interest due, and so much of the principal as it would extinguish. It follows from this conclusion, that there was no interest in arrear when the action was commenced, and hence also, that the plaintiff had no right to elect to consider the whole principal immediately payable. The complaint does indeed set forth such an election, but it was based upon the actual denial of the payment, and upon the allegation that a year’s interest was in arrears. The plaintiff’s…
2Cases cited5 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Torrey v. Bank of OrleansNew York Court of Chancery · 1842
- Shufelt v. ShufeltNew York Court of Chancery · 1841
- Sands v. . ChurchNew York Court of Appeals · 1852
- Davis v. . SpencerNew York Court of Appeals · 1862
3Cited by6 opinions
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Andrews v. . GillespieNew York Court of Appeals · 1872
- Reynolds v. PriceSupreme Court of South Carolina · 1911
- Tiffany v. St. JohnNew York Supreme Court · 1871
- Bennett v. BatesNew York Supreme Court · 1882
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