Adler v. Berkowitz
New York Court of Appeals
1Opinion of the CourtO’Bbien, J.
Defendant Rose Gast and her husband executed a bond to plaintiff’s assignor for a sum of money and at the same time she alone gave a mortgage on premises owned by her to the same person in the same amount. The acceleration clause in the bond provides that at the option of the obligee after default for thirty days in the payment of interest or of any installment of principal the whole of the principal sum shall become due. The mortgage embraces a similar clause except the time is stated to be twenty instead of thirty days, and the provision relative to an option by the obligee is omitted. Rose…
2Cases cited1 opinion
- Rothschild v. . Rio Grande Western Railway CompanyNew York Court of Appeals · 1900
3Cited by13 opinions
- Golden v. Ramapo Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Incorporated Village of North Hornell v. RauberNew York Supreme Court · 1943
- Branch Banking & Trust Co. v. Kenyon Investment Corp.Court of Appeals of North Carolina · 1985
- Smith v. KerrSupreme Judicial Court of Maine · 1931
- Small Business Administration v. MillsAppellate Division of the Supreme Court of the State of New York · 1994
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