Northport Trust Co. v. Richardson

Plaintiff seeks to foreclose a mortgage for default in one interest payment. The original due date *734of the mortgage was 1913, and under section 1077-a of the Civil Practice Act, by operation of law, the mortgage will not become due until six months after termination of the emergency. Defendant, on June first, tendered a cheek for the interest, which was refused, not, however, on the ground that it was not legal tender. Thereafter, a summons and complaint and Us pendens were mailed to the county clerk’s office, but before the filing thereof in this office defendant tendered the cash to…