Mead v. Langford
New York Supreme Court
Appeal from Chautauqua county court. Action to foreclose a mortgage brought by Martha S. Mead against John Langford and another. From the judgment entered in favor of plaintiff, defendant Langford appeals.
1Opinion of the CourtDwight, P. J.
The principal question presented by this appeal is whether a county court of the proper county has jurisdiction to reform the condition of a bond, secured by a mortgage of real estate, as incidental to an action to foreclose such mortgage, under the power of sale which it contains. The defendant pleaded a tender, shortly before the commencement of the action, of the amount which he admits to have been then due on the bond, according to its terms; and his counsel argues that by reason of such tender the plaintiff could have no cause of action for the foreclosure of the mortgage until after the…
2Cited by6 opinions
- Heburn v. ReynoldsOneida County Court · 1911
- Majestic Tile Co. v. Nicholls, New York County Courts1936
- People's Trust Co. v. HarmanAppellate Division of the Supreme Court of the State of New York · 1899
- Howard Iron Works v. Buffalo Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Gardenier v. Scripter, New York County Courts1925
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