Roosevelt v. Bull's Head Bank
New York Supreme Court
THIS action was brought to foreclose a mortgage. The defense was a tender of the amount due, in United States treasury notes. The question was, whether the plaintiff was entitled to recover the principal and all the interest, or interest only to the time of the tender.
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THIS action was brought to foreclose a mortgage. The defense was a tender of the amount due, in United States treasury notes. The question was, whether the plaintiff was entitled to recover the principal and all the interest, or interest only to the time of the tender. The mortgage was executed by Nunns and Clark, the former owners of the premises, to one Jaques, to. secure the payment of #§00Q, and interest, prior to the passage of the legal tender act, and by him, a few months afterwards, and also before the passage of the act, assigned to the plaintiff. The mortgage, by its terms, was for…
1Opinion of the CourtIitgkaham, J.
1. Although my opinion of the constitutionality of the act of congress on this subject, as applicable to contracts made before the passage of the law, remains unchanged, I feel bound, under the decision of the Court of Appeals in Meyer v. Roosevelt, to decide that- a tender inz United States notes is sufficient.
2. The evidence of the authority of the president of the bank to make the purchase, and the subsequent acts of the board of directors as to ratifying the sale and accepting the purchase, with the proof that the president had authority to sign for the bank, and affix the seal, is…
2Cases cited4 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Wood v. HitchcockNew York Supreme Court · 1838
- Dayton v. TrullNew York Supreme Court · 1840
- Farmers' Fire Insurance & Loan Co. v. EdwardsNew York Supreme Court · 1841
3Cited by18 opinions
- Noyes v. . WyckoffNew York Court of Appeals · 1889
- Pittsburg Plate Grass Co. v. LearySouth Dakota Supreme Court · 1910
- Storey v. KrewsonIndiana Supreme Court · 1876
- Beardsley v. BeardsleyCourt of Appeals for the Eighth Circuit · 1898
- Rumpf v. SchiffAppellate Terms of the Supreme Court of New York · 1908
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