Legal Opinion

Burston v. Garrett Building Corp.

New York Court of Appeals

Decided November 19, 1929PublishedCited by 6 opinions

1Opinion of the Court

Caedozo, Ch. J.

The Ainsworth Construction Corporation was the owner as mortgagee of a bond and mortgage to secure the payment of $65,000, payable in installments. There was to be a payment of $2,250 on January 1, 1928, and like sums were to mature quarterly thereafter until October 1, 1930, when the principal was to be paid in full. Non-payment of any installment, or of interest or taxes, was to mature the whole debt at the option of the creditor. The mortgagee wished to sell the bond and mortgage to the plaintiff, who was unwilling to buy without a guaranty of payment. Thereupon, the…

2Cases cited2 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Noyes v. . AndersonNew York Court of Appeals · 1891

3Cited by6 opinions

  1. Components Direct, Inc. v. European American Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Barclays Bank of New York v. GoldmanDistrict Court, S.D. New York · 1981
  3. Cinerama, Inc. v. Sweet Music, S.A.District Court, S.D. New York · 1972
  4. Gioia v. GioiaNew York Supreme Court · 1939
  5. Wyler v. SchindlerAppellate Division of the Supreme Court of the State of New York · 1944

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