Cutler v. James Goold Co.
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the decision of the Cayuga Special Term. The 'action was brought to redeem a landau from a mortgage, arising out of the following facts : On the 6th day of September, 1884, the plaintiff purchased of the defendant a landau, at the price of $900, paid $500 and gave sixteen promissory notes for twenty-five dollars each for the balance of the purchase-price, payable to the order of defendant at the First National…
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Appeal from a judgment in favor of the plaintiff, entered upon the decision of the Cayuga Special Term. The 'action was brought to redeem a landau from a mortgage, arising out of the following facts : On the 6th day of September, 1884, the plaintiff purchased of the defendant a landau, at the price of $900, paid $500 and gave sixteen promissory notes for twenty-five dollars each for the balance of the purchase-price, payable to the order of defendant at the First National Bank of Auburn, with interest, one of which became due each of the following sixteen months, and to secure such payment…
1Opinion of the Court
Bradley, J. :
The facts found by the trial court are supported by the evidence, and they justify the conclusion that the plaintiff was entitled to maintain his action to redeem. His right under the mortgage was that of redemption from the sale, by payment of the amount secured by it. When this right at law of a mortgagor is terminated, there remains in him an equity of redemption, by the recognition of which the courts may afford him relief, until it is extinguished by sale by virtue of the mortgage. The evidence was sufficient to support the plaintiff’s title as found by the court. And while…
2Cases cited2 opinions
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Mattison v. . BaucusNew York Court of Appeals · 1848