House v. Eisenlord
New York Supreme Court
Appeal from a judgment of a Special Term in an action brought to foreclose a mortgage. The interest on the mortgage foreclosed, at seven per cent, was payable semi-annually — eighty-seven dollars and fifty cents on the first day of November and May in each year, and the principal, $2,500, five years from the date, May 25, 1879. It contained a clause providing that if any part of the interest should not be paid in thirty days after dne, the whole principal and interest…
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Appeal from a judgment of a Special Term in an action brought to foreclose a mortgage. The interest on the mortgage foreclosed, at seven per cent, was payable semi-annually — eighty-seven dollars and fifty cents on the first day of November and May in each year, and the principal, $2,500, five years from the date, May 25, 1879. It contained a clause providing that if any part of the interest should not be paid in thirty days after dne, the whole principal and interest should, at the option of the mortgagee or assigns, become due. The parties lived near each other in the same village until…
1Opinion of the Court
Boardman, J.:
This action was brought to foreclose a mortgage. By reason off seventeen dollars and fifty cents of interest due May £5, 1880, . remaining unpaid more than thirty days, it was claimed that the whole principal became due and the foreclosure was begun, claiming the whole amount was due-under a provision of the mortgage so providing. The court finds that the payment of the seventeen dollars and fifty cents was deferred, with the consent of plaintiff’s agent and in her interest, under circumstances which prevented the plaintiff from taking any advantage thereof or electing that the…
2Cases cited2 opinions
- Noyes v. ClarkNew York Court of Chancery · 1838
- Morris v. . WheelerNew York Court of Appeals · 1871