Legal Opinion

Monroe County Savings Bank v. Baker

New York Supreme Court

Decided April 25, 1933PublishedCited by 7 opinions

1Opinion of the CourtCunningham, J.

This action is brought to foreclose a mortgage upon real property.

The plaintiff’s affidavit, together with the answer admitting most of the allegations of the complaint, sufficiently show a cause of action on the part of the plaintiff.

The defendants Appelbaum have set up two defenses:

First, that after maturity of the bond and mortgage the plaintiff increased the rate of interest from five per cent to five and one-half per cent, and in consideration of such increase of interest extended the time of payment of the mortgage.

The defendants Appelbaum were not discharged from liability unless such…

2Cases cited5 opinions

  1. Graf v. Hope Building Corp.New York Court of Appeals · 1930
  2. Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
  3. National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
  4. Pryor v. . City of BuffaloNew York Court of Appeals · 1909
  5. Sands v. GilleranAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by7 opinions

  1. Riordan v. FergusonCourt of Appeals for the Second Circuit · 1945
  2. Griffo v. Swartz, New York County Courts1969
  3. Brooklyn Free Kindergarten Society v. Elbran Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1938
  4. First Federal Savings & Loan Ass'n v. CapalongoAppellate Division of the Supreme Court of the State of New York · 1989
  5. Burden v. TraisterNew York Supreme Court · 1955

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