Legal Opinion

Manufacturers Hanover Trust Co. v. Hixon

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1986PublishedCited by 8 opinions

1Opinion of the Court

On January 4, 1984, defendant Hixon executed a promissory note in connection with the purchase of condominiums in the Trump Tower. Simultaneously therewith, Hixon executed a mortgage which was filed against this real property. The note states that it is secured by the mortgage whose terms "will be considered a part of this Note.” Most significantly, the note also states that the principal sum shall become due and payable "in the event of a default as defined in the mortgage.” Defendant defaulted in payments due November and December 1984. Plaintiff subsequently demanded full payment of the…

2Cases cited3 opinions

  1. Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
  2. Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
  3. Tonkonogy v. SeidenbergAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by8 opinions

  1. East New York Savings Bank v. BaccarayAppellate Division of the Supreme Court of the State of New York · 1995
  2. Miller v. SteloffDistrict Court, S.D. New York · 1988
  3. Mountainview Realty Associates v. StarkAppellate Division of the Supreme Court of the State of New York · 1993
  4. Joswick v. RossiAppellate Division of the Supreme Court of the State of New York · 1993
  5. Bonds Financial, Inc. v. Kestrel Technologies, LLCAppellate Division of the Supreme Court of the State of New York · 2008

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