Germania Life Insurance v. Potter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ethel Potter, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the. clerk of the county of New York on the 2d. day of January, 1908, upon the decision of the court, rendered after a trial at the New York Special Term,
1Opinion of the Court
Houghton, J.:
The respondent held a mortgage of $300,000 upon premises owned by the appellant, which was given by her predecessor in title. Interest was payable semi-annually, and the principal was to become due on the 1st day of August, 1908. The mortgage contained a tax clause which provided that the mortgagor should pay and discharge all taxes,- etc., “ as soon as the same may become due and payable,” and in default of such payment the respondent had the right to pay the'same and add the amount thereof to the sum due on the mortgage, and to declare, if it so elected, the Avliole principal…
2Cases cited1 opinion
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by26 opinions
- Murphy v. FoxSupreme Court of Oklahoma · 1955
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- Cofer v. BeverlyCourt of Appeals of Texas · 1916
- Griffo v. Swartz, New York County Courts1969
- Trowbridge v. Malex Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1921
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