Legal Opinion

In re Clark

New York Supreme Court

Decided February 19, 1962PublishedCited by 3 opinions

1Opinion of the Court

William E. Brenhan, Jr., J.

On or about March 22, 1955, the petitioners in this proceeding delivered to John Cairns their *146bond and mortgage in the sum of $5,000. The indebtedness was to be liquidated by payments of monthly installments of $60 (or more) commencing April 1, 1955, to be applied to the payment of interest and then to the reduction of principal. The mortgage contained a provision: ‘ ‘ that in the event of the death of the mortgagee prior to the payment in full of the unpaid principal balance, this mortgage shall become null and void, and of no force or effect, and the Clerk of the…

2Cases cited2 opinions

  1. In re O'ConnellNew York Supreme Court · 1957
  2. In re KatzowitzAppellate Division of the Supreme Court of the State of New York · 1925

3Cited by3 opinions

  1. In re Iratom Co.New York Supreme Court · 1965
  2. Pesce v. Nor-Shire Associates, Inc.New York Supreme Court · 1967
  3. Macstan Realty Corp. v. HlavacNew York Supreme Court · 1965

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