Legal Opinion

Werner v. . Tuch

New York Court of Appeals

Decided June 2, 1891PublishedCited by 22 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 18, 1889, which affirmed a judgment in favor of plaintiffs entered upon the decision of the court on trial at Special Term. This was an action to foreclose a mortgage. The facts, so far as they are material, appear in the opinion.

1Opinion of the CourtVann, J.

The mortgage in question, dated April 9, 1881, was given to the plaintiff's by the defendants Tuch, to secure the payment of the sum of $5,260, being part of the purchase-price of the premises therein described. The principal ■was payable May 1, 1891, and the interest semi-annually at the rate of five per cent, per annum. There was an interest ■clause in the usual form, the period of grace being sixty days. The premises embraced three adjoining parcels of land in the ■city of Elmira, known as the eastern, the central and the western, and also a house and lot in the village of Blossburg,…

2Cases cited2 opinions

  1. Kortright v. . CadyNew York Court of Appeals · 1860
  2. Tuthill v. . MorrisNew York Court of Appeals · 1880

3Cited by22 opinions

  1. First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
  2. Fulton v. JonesAppellate Division of the Supreme Court of the State of New York · 1915
  3. Clason's Point Land Co. v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1933
  4. Ryan v. RizzoSupreme Court of Connecticut · 1932
  5. Rosenberg v. General Realty Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1931

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