Legal Opinion
Union Trust Co. of Rochester v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Decided May 13, 1936PublishedCited by 4 opinions
1Per curiam
The court has not refused to entertain jurisdiction of this action as a matter of discretion, but has dismissed the complaint because it fails to state facts sufficient to constitute a cause of action.
Johnson v. Meyer (242 App. Div. 798; affd., 268 N. Y. 701) is not decisive of the controversy between the parties, as is stated by the court at Special Term. The important question here is whether a suit for interest and taxes at this time will work a forfeiture of the principal of the mortgage, which by the terms of the instrument is now due, and which in fact became due before the enactment of…
2Cases cited6 opinions
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Post v. Metropolitan Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 1929
- Post v. Metropolitan Casualty Insurance CompanyNew York Court of Appeals · 1930
- Baumann v. BaumannAppellate Division of the Supreme Court of the State of New York · 1928
- Johnson v. MeyerNew York Court of Appeals · 1935
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Union Trust Co. v. KaplanAppellate Division of the Supreme Court of the State of New York · 1936
- Hennessey v. Personal Finance Co.New York Supreme Court · 1941
- Union Trust Co. v. SimpsonNew York Supreme Court · 1936
- White v. Wielandt, New York County Courts1939