Thompson v. Commissioners for Loaning Certain Moneys of the United States
New York Court of Appeals
Appeal from order of the General Term of the Supreme •Court, in the third judicial department, reversing an interlocutory judgment in favor of plaintiff, entered upon a decision •of the court, and granting a new trial. (Reported below, 16 Hun, 86.) This action was brought to redeem certain premises described in the complaint from the lien of a mortgage, and for an accounting of the rents and profits.
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Appeal from order of the General Term of the Supreme •Court, in the third judicial department, reversing an interlocutory judgment in favor of plaintiff, entered upon a decision •of the court, and granting a new trial. (Reported below, 16 Hun, 86.) This action was brought to redeem certain premises described in the complaint from the lien of a mortgage, and for an accounting of the rents and profits. The plaintiff and her husband, John Thompson, on the "9th day of November, 1872, executed and delivered to the defendants, “ the Commissioners for loaning certain moneys of the United States, of…
1Opinion of the CourtMiller, J.
The notice of the sale of the premises by the commissioners was defective in several particulars and was not made in conformity with the statute relating to the subject. By chapter 150, Laws of 1837, § 30, it is provided that: “If any borrower shall neglect to pay yearly and every year on the first Tuesday of October, or within twenty-three days thereafter, on one of the days on which the commissioners aforesaid are by this act directed to attend their respective offices, the yearly interest due on his mortgage, and also the principal moneys loaned to him then due, then and in either of these…
2Cases cited3 opinions
- Meeker v. . WrightNew York Court of Appeals · 1879
- Pell v. . UlmarNew York Court of Appeals · 1858
- White v. LesterNew York Court of Appeals · 1864
3Cited by6 opinions
- Barley v. RoosaNew York Supreme Court · 1891
- Armitage v. MaceThe Superior Court of New York City · 1882
- Brown v. ThurberNew York Court of Common Pleas · 1881
- Goodhart v. StreetThe Superior Court of New York City · 1895
- Goodhart v. StreetThe Superior Court of the City of New York and Buffalo · 1895
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