United States Trust Co. of N.Y. v. . Martindale Real Est.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 29, 1915, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in án action to foreclose a mortgage upon real property. The defendant Martindale Real Estate Company contended that the action was prematurely brought in that the plaintiff, by the acceptance of interest from time to time since the due date of the mortgage, thereby extended the time of payment of the principal thereof to the respective succeeding interest dates…