Legal Opinion

Ver Planck v. Godfrey

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1899PublishedCited by 18 opinions

Appeal by the defendants, Lily Alys Godfrey and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 4th day of February, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, directing the foreclosure and sale of a mortgage upon real estate.

1Opinion of the Court

McLaughlin, J.:

On the 14th of September, 1896, the defendant Lily A. Godfrey, for the purpose of securing the payment of $30,000 on the 1st day of September, 1899, and semi-annual interest thereon on the first days of September and March of each year, executed and delivered to the plaintiff a mortgage upon certain real estate situate in the city of New York. The mortgage, among other things, contained the following provision : “ It is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said party of the second part after default in the payment of…

2Cases cited4 opinions

  1. Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
  2. Noyes v. . AndersonNew York Court of Appeals · 1891
  3. Shaw v. WellmanNew York Supreme Court · 1891
  4. Toplitz v. BauerAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by18 opinions

  1. Weinberg v. NaherWashington Supreme Court · 1909
  2. Murphy v. FoxSupreme Court of Oklahoma · 1955
  3. Germania Life Insurance v. PotterAppellate Division of the Supreme Court of the State of New York · 1908
  4. Pizer v. HerzigAppellate Division of the Supreme Court of the State of New York · 1907
  5. Trowbridge v. Malex Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1921

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