Yuni v. Herscovitz

Plaintiff instituted this action to foreclose a mortgage on defendant’s real property located in the county of Bronx. He claimed that the defendant failed to pay certain interest which was due on July 14, 1940, Defendant, in his answer, *271denied that he failed to pay the interest and set up an affirmative defense of payment.

Plaintiff testified that he never received the interest payment, which became due on July 14, 1940, in the sum of forty-five dollars and, as a consequence, he elected to declare the principal sum due and unpaid. Defendant gave testimony, which was not disputed, that he…