Weideman v. Zielinska
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carl J. Weideman; from a judgment of the County Court of Erie county in favor of the defendants, entered in the office of the clerk of the county of Erie on the lOtlx day of August, 1904, upon the decision of the court, dismissing the plaintiff’s complaint. The action was brought for the foreclosure of a mortgage which by its original terms was due at the time of the commencement of the action.
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Appeal by the plaintiff, Carl J. Weideman; from a judgment of the County Court of Erie county in favor of the defendants, entered in the office of the clerk of the county of Erie on the lOtlx day of August, 1904, upon the decision of the court, dismissing the plaintiff’s complaint. The action was brought for the foreclosure of a mortgage which by its original terms was due at the time of the commencement of the action. Plaintiff, however, was defeated upon the ground that his assignor of said mortgage had before assignment given to the grantor of defendant Magdalena Pech as owner of the…
1Opinion of the Court
Hiscock, J.:
The mortgage in suit was executed, on or about June 1, 1894, and made payable five years after date with interest at the rate of six per cent per annum. Subsequent to execution the bond and mortgage were assigned to one Wippert and the premises covered' by the mortgage were conveyed to the defendant Magdalena Pech. On or about March 31, 1903, said Wippert executed an agreement with defendant’s grantor extending the time of payment of the sumo of $2,400 secured to be paid by the mortgage for the period of four years from March 31,1903, and reducing the rate of interest to five per…
2Cases cited6 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Decker v. . BoiceNew York Court of Appeals · 1880
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
- Ward v. IsbillNew York Supreme Court · 1893
- Bank for Savings v. FrankThe Superior Court of New York City · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Anderson v. ColeSupreme Court of Missouri · 1911
- Smith v. Pure Strain Farms Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Yuzary v. WCP Wireless Lease Subsidiary LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Rose v. AdlerNew York Supreme Court · 1914
- Clarke v. MatzkinAppellate Division of the Supreme Court of the State of New York · 1908
1 more not listed; retrieve them via the Exa API.