Weyand v. Randall
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Henry Weyand and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Queens on the 14th day of October, 1908, upon the decision of the court, rendered after a trial at the Queens County Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Miller, J.:
This is an appeal from a judgment in favor of the defendants in an action brought to foreclose a mortgage. The mortgage stated, and the fact was, that the mortgagees resided at Waterbury in the State of Connecticut/ The mortgage contained a provision that the principal sum should become due in case of default in the payment of interest. The first payment of interest fell due on August 12, 1907. Thirty days after default of payment the plaintiffs elected to call the mortgage. The question presented upon this appeal is whether the interest was payable at the residence of the…
2Cases cited6 opinions
- Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
- Taylor v. SnyderNew York Supreme Court · 1846
- Hale v. . PattonNew York Court of Appeals · 1875
- Spies v. . GilmoreNew York Court of Appeals · 1848
- Taylor v. BlairNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- Anderson v. Citizens BankCourt of Appeals of South Carolina · 1987
- Kushilewsky v. LinchnerNew York Supreme Court · 1962