Kings County Trust Co. v. Derx
Appellate Division of the Supreme Court of the State of New York
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
- Glacius v. . FogelNew York Court of Appeals · 1882
- Witherell v. KellyAppellate Division of the Supreme Court of the State of New York · 1921
- Osborne v. HeywardAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- In re the Estate of HornerNew York Surrogate's Court · 1933
- Griffo v. Swartz, New York County Courts1969
- Hakala v. SchaickCity of New York Municipal Court · 1939
- First Federal Savings & Loan Ass'n v. CapalongoAppellate Division of the Supreme Court of the State of New York · 1989
- Hongkong & Shanghai Banking Corp. v. 335 Oser Avenue AssociatesAppellate Division of the Supreme Court of the State of New York · 1996