Pizer v. Herzig
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leon Pizer, from a judgment of the . Supreme Court in favor of 'the defendant, George W. Herzig, entered iú the office of the clerk of the county of -Mew York on the 20th day of March, 1907, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing the complaint in an action to foreclose a mortgage upon condition that the said defendant pay interest and costs, or, if the plaintiff refuse to accept said interest…
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Appeal by the plaintiff, Leon Pizer, from a judgment of the . Supreme Court in favor of 'the defendant, George W. Herzig, entered iú the office of the clerk of the county of -Mew York on the 20th day of March, 1907, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing the complaint in an action to foreclose a mortgage upon condition that the said defendant pay interest and costs, or, if the plaintiff refuse to accept said interest and costs, that his proceedings be stayed upon the deposit thereof by the said defendant in court.
1Opinion of the Court
Clarke, J.:
In 1904 one Maurice'Beckon gave a purchase-money second mortgage on premises on Madison avenue near One Hundred and Fourteenth street in the city of Mew York, to Leon Pizer and Jacob Pizer, for the sum of $15,250. By the terms of said mortgage $1,000 was to be paid on the 1st day of April, 1905, and a like sum annually thereafter until the 1st day of April, 1911, when the balance then remaining unpaid became due and payable. Interest at the rate of six per cent was payable semi-annually. It was therein . further provided : Third. And it is hereby expressly agreed that the whole of…
2Cases cited13 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Noyes v. ClarkNew York Court of Chancery · 1838
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
- Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by14 opinions
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Cresco Realty Co. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1908
- Harrison v. BealsOregon Supreme Court · 1924
- Trowbridge v. Malex Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Union Central Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1934
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