Rosche v. Kosmowski
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry J. Rosche, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 31st day of January, 1901, upon the decision of the court rendered after a trial at the Erie Special Term dismissing the complaint.
1Opinion of the Court
Spring, J. :
This action was commenced to foreclose a mortgage made by the ■defendant Kosmowski to the Bank of Miagara, and by it assigned to the plaintiff September 6,1900. By the terms of the mortgage $100 of the principal sum became due March 21,1900. The interest was paid to that date, but nothing was paid on the principal. The respondents ' contend that the time of payment was extended by a letter which was written by the bank to one Yoght, and which reads as follows:
*24“Bank ok Niagara,
“Niagara Falls, N. Y:
“ Henry C. Howard, President.
“ Edward J. Mackenna, Vice-President.
“ George J. Howard,…
2Cases cited3 opinions
- Malcolm v. . AllenNew York Court of Appeals · 1872
- Veerhoff v. MillerAppellate Division of the Supreme Court of the State of New York · 1898
- Goldman v. EhrenreichNew York Supreme Court · 1900
3Cited by2 opinions
- Pizer v. HerzigAppellate Division of the Supreme Court of the State of New York · 1907
- Weyand v. The Park Terrace Co.Appellate Division of the Supreme Court of the State of New York · 1909