Union Estates Co. v. . Adlon Construction Co.
New York Court of Appeals
Appeal from a judgment of the Apellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Apellate Division of the Supreme Court in the first judicial department, entered December 31, 1914, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. If the parties contract for a lawful rate of interest after as well as before maturity the contract or stipulated rate must govern, whether that he more or less than the legal or statutory rate. (O’Brien v. Young, 95 N. Y. 428; Taylor v. Wing, 84 N. Y. 471; Zimmerman v.…
1Opinion of the CourtCollin, J.
The ultimate question to be decided by us is, are the defendants, Frazee Realty Company, a domestic corporation, and Harry H. Frazee, liable to the plaintiff, by virtue of their written agreement with the plaintiff, for interest upon the sum secured by the bond and mortgage of the realty company at the rate of twenty-three per centum from the date of its maturity. Thus far it has been adjudged, and erroneously, that they were not. The instruments were executed as a single transaction July 11, 1912. The bond, fulfillment" of which was secured by the mortgage, obligated the company to pay the…
2Cases cited13 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Rosa v. . ButterfieldNew York Court of Appeals · 1865
- Hubbard v. CallahanSupreme Court of Connecticut · 1875
- Lamprey v. MasonMassachusetts Supreme Judicial Court · 1889
- National Life Ins. Co. v. HaleSupreme Court of Oklahoma · 1916
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3Cited by35 opinions
- Lewis J. Ruskin, Collateral Trustee v. Charles H. Griffiths, Trustee in ReorganizationCourt of Appeals for the Second Circuit · 1959
- Salvin v. . Myles Realty Co.New York Court of Appeals · 1919
- Levy v. Forest Hills Associates (In Re Forest Hills Associates)United States Bankruptcy Court, S.D. New York · 1984
- Madden v. Midland Funding, LLCDistrict Court, S.D. New York · 2017
- In Re American Fuel & Power Co.Court of Appeals for the Sixth Circuit · 1945
30 more not listed; retrieve them via the Exa API.