Weyand v. . Park Terrace Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 1910, which affirmed a final judgment of foreclosure and sale entered upon an interlocutory judgment in favor of plaintiff directed by the Appellate Division upon its reversal of a prior judgment of Special Term dismissing the complaint.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 21, 1910, which affirmed a final judgment of foreclosure and sale entered upon an interlocutory judgment in favor of plaintiff directed by the Appellate Division upon its reversal of a prior judgment of Special Term dismissing the complaint. On the 29th day of January, 1907, the plaintiffs conveyed to the defendant Randall certain real property in the county of Queens, in this state, and took from said Randall a bond of $11,000 with a mortgage on said real property as…
1Opinion of the CourtChase, J.
The fact that contracts between residents of different states and countries are and have been for many years very numerous, and that there are comparatively few reported decisions affecting the question involved in this action, indicates that there have been for a'long period of time generally recognized rules governing the place where payments pursuant to contract must be made.
The intention of the parties to a contract as to the place where payments are to be made usually appears by express provision, or necessary inference in the contract itself. In cases where the intention does not thus…
2Cases cited11 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Pennsylvania Lumbermen's Mutual Fire Insurance v. MeyerSupreme Court of the United States · 1905
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
- Hale v. . PattonNew York Court of Appeals · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gunther v. WhiteTennessee Supreme Court · 1973
- Catlin v. ReedSupreme Court of Oklahoma · 1929
- Bastian Brothers Co. v. BrownMichigan Supreme Court · 1940
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- Atlas Mutual Benefit Ass'n v. PortschellerSupreme Court of Delaware · 1945
8 more not listed; retrieve them via the Exa API.