Quackenbush v. Mapes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Daniel Mapes, Jr., and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Mew York on the 20th day of April, 1907, upon the decision of the court rendered after a trial at the Mew York Special Term.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mortgage for $1,900 upon certain real estate described in the complaint. The mortgage was dated June 1,1883, and payable three years thereafter, with interest at six per cent, payable semi-annually on the first days of June and December. Both the mortgage and the bond, which it was given to secure contained a provision that in case of default in the payment of interest, the principal sum should, after thirty days, become due and payable, at the option of the mortgagee. Mo part of the principal or interest was ever paid and this action was…
2Cases cited9 opinions
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- City v. LamsonSupreme Court of the United States · 1870
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- Best v. . ThielNew York Court of Appeals · 1879
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- First National City Trust Co. v. CasertaNew York Supreme Court · 1961
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