McConnell v. Mackin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary E. McConnell, from portions of a judgment of foreclosure and sale of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on tiie 6th day of July, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Bradley, J.:
The purpose of the action was to foreclose a mortgage made by the defendant John Mackin to the plaintiff, of date February 27, 1892, to secure the payment of $1,600 of the purchase money of the mortgaged premises (which had been conveyed to him by the plaintiff), in monthly installments of $20 and interest. It provided that any default in payment for the space of thirty days would permit the plaintiff to treat the whole amount remaining unpaid as due and payable.
The controversy has relation to the amount remaining unpaid of the mortgage debt. It is claimed on the part of the…
2Cases cited3 opinions
- Milliman v. Rochester Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Fellows v. . NorthrupNew York Court of Appeals · 1868
- Lewis v. IngersollNew York Court of Appeals · 1864
3Cited by1 opinion
- First National Bank v. LevineNew York Supreme Court · 1930