Asendorf v. Meyer
New York Court of Common Pleas
Appeal from a judgment in favor of the defendant, entered upon report of William H. Van Cott, referee, to hear and determine the issue. This action was brought to foreclose a mortgage on land on account of non-payment of the principal, due at the option of mortgagee at the expiration of twenty days after default in payment of interest.
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Appeal from a judgment in favor of the defendant, entered upon report of William H. Van Cott, referee, to hear and determine the issue. This action was brought to foreclose a mortgage on land on account of non-payment of the principal, due at the option of mortgagee at the expiration of twenty days after default in payment of interest. The defense was, that at the time the interest fell due the mortgagor and mortgagee mutually agreed that the interest should be paid twenty days thereafter at the place of business of the mortgagor, and that at that time and place the mortgagor was ready and…
1Opinion of the CourtVan Hoesen, J.
On the 1st day of July, 1877, the interest fell due on a mortgage made by the defendant to the plaintiff. On that day the defendant, under a clause in the mortgage, had the privilege of paying an instalment of $1000 on the principal of the mortgage. He paid that instalment, but did not pay the interest. He asked indulgence, and requested the plaintiff to call again for the interest. There was a conflict of testimony at the trial, as to whether the plaintiff agreed to call a second time for the interest, the plaintiff denying that he so agreed,' and some witnesses for the defendant saying that…
2Cases cited10 opinions
- Hills v. . PlaceNew York Court of Appeals · 1872
- Noyes v. ClarkNew York Court of Chancery · 1838
- Briggs v. North American & Mercantile InsuranceNew York Court of Appeals · 1873
- Hale v. . PattonNew York Court of Appeals · 1875
- Vilas & Bacon v. Jones & PiercyNew York Court of Appeals · 1848
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3Cited by3 opinions
- Golden v. Ramapo Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1904
- Miller v. Miller Knitting Co.New York Supreme Court · 1898