Legal Opinion

Kings County Trust Co. v. Derx

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

Decided January 23, 1933PublishedCited by 5 opinions

1Opinion of the CourtDavis, J.

On April 28,. 1904, Augusta Comer, now deceased, made and executed to the plaintiff her bond for $12,000 secured by a mortgage on lands in Brooklyn. The amount secured was payable one year from date and the rate of interest was five per cent, payable semi-annually. There were in the mortgage the usual clauses concerning the payment of principal, interest, taxes and insurance, and a power of sale.

It is alleged in the complaint, in this action for foreclosure, that *549no part of the principal has been paid and there has not been payment of interest due October 28, 1931; and that by an agreement…

2Cases cited3 opinions

  1. Glacius v. . FogelNew York Court of Appeals · 1882
  2. Witherell v. KellyAppellate Division of the Supreme Court of the State of New York · 1921
  3. Osborne v. HeywardAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by5 opinions

  1. In re the Estate of HornerNew York Surrogate's Court · 1933
  2. Griffo v. Swartz, New York County Courts1969
  3. Hakala v. SchaickCity of New York Municipal Court · 1939
  4. First Federal Savings & Loan Ass'n v. CapalongoAppellate Division of the Supreme Court of the State of New York · 1989
  5. Hongkong & Shanghai Banking Corp. v. 335 Oser Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1996

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