Mutual Life Insurance v. Spicer
New York Supreme Court
Appeal from an order directing the defendants John E. Spicer and John D. Spicer and others, to deliver and surrender possession of mortgaged premises to a receiver or accept a lease therefor from him and pay rent to him.from the 2d day of July, 1877, or that a rent for the occupancy of the premises be determined upon a hearing to be had before a referee. The action was brought for the foreclosure of a mortgage on the premises in question.
1Opinion of the Court
Daniels, J.:
The defendant Christopher F. Norton executed and delivered bis bond and mortgage to the plaintiff on the 19th of August, 1874, to secure the payment of the sum of $50,000, on the 1st. of September, 1875, with interest thereon payable on the first days of every month of March and September, after the principal sum became due and on the 13th day of September, 1876, the mortgagor entered into an agreement with the Messrs. Spicer, by which he transferred to them an undivided one-half interest in a large quantity of logs to be got out for him, and agreed to saw them into lumber and…
2Cases cited3 opinions
- Howell v. RipleyNew York Court of Chancery · 1843
- Syracuse City Bank v. TallmanNew York Supreme Court · 1857
- Astor v. TurnerNew York Supreme Court · 1848