Legal Opinion

Ferris v. Ferris

New York Supreme Court

Decided June 21, 1858PublishedCited by 24 opinions

DEMURRER to answer. The action was to foreclose a mortgage. The complaint alleged the execution of a bond, by the defendant Ferris, on the 15th of June, 1857, for the payment to the plaintiff of $2477.50 on or before the 21st day of June, 1859, with interest payable semi-annually; and that as collateral security for the payment of that amount, Ferris on the same day executed a mortgage on certain premises therein described, with the same condition as the bond; and that both…

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DEMURRER to answer. The action was to foreclose a mortgage. The complaint alleged the execution of a bond, by the defendant Ferris, on the 15th of June, 1857, for the payment to the plaintiff of $2477.50 on or before the 21st day of June, 1859, with interest payable semi-annually; and that as collateral security for the payment of that amount, Ferris on the same day executed a mortgage on certain premises therein described, with the same condition as the bond; and that both the bond and mortgage contained the following additional clause or condition, viz: “ that should any default be made in…

1Opinion of the CourtIngraham, J.

In this case the principal sum secured by the mortgage was made payable in 1859, with interest payable semi-annually. The mortgage contained a condition that if the interest should at any time remain unpaid for thirty days after it became due, the principal sum should become due and payable immediately. The plaintiff seeks to foreclose the mortgage, on the ground that the interest has remained due and unpaid for more than thirty days. The answer sets up that Mary Rafael, the present owner of the premises, bought the same as part of her separate estate; that her husband has the management of…

2Cases cited2 opinions

  1. Noyes v. ClarkNew York Court of Chancery · 1838
  2. Tennant's v. GraySupreme Court of Virginia · 1817

3Cited by24 opinions

  1. Graf v. Hope Building Corp.New York Court of Appeals · 1930
  2. Murphy v. FoxSupreme Court of Oklahoma · 1955
  3. Stanclift v. NortonSupreme Court of Kansas · 1873
  4. Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
  5. Valentine v. Van WagnerNew York Supreme Court · 1862

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