Hungerford v. Snow
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiffs, Amasa Hungerford and another, as qxecutors, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Jefferson on the 13th day of April, 1908, upon the decision of the court, rendered after a trial at the Jefferson Special Term, dismissing the complaint upon the merits, and also from an order entered in slid clerk’s office on the 5tli day of June, 1907, discontinuing the action as to…
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Appeal hy the plaintiffs, Amasa Hungerford and another, as qxecutors, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Jefferson on the 13th day of April, 1908, upon the decision of the court, rendered after a trial at the Jefferson Special Term, dismissing the complaint upon the merits, and also from an order entered in slid clerk’s office on the 5tli day of June, 1907, discontinuing the action as to the defendant Goodwin M. Snow.
1Opinion of the Court
Kruse, J.:
The action is for the foreclosure of a mortgage, made by the defendant, Clara L. Snow, to William P. Davis, the plaintiffs’ testator, dated July 9, 1902, which, by the express terms thereof she agreed to pay at the expiration of three years from the date thereof, with interest annually, and with the privilege to her of paying any part of the principal upon any day when the interest became due, in sums not less than $100. Davis, the mortgagee, died on June 14, 1906. The interest was paid on the mortgage up to July 9, 1905. The defendant mortgagor offered to pay the interest from that…
2Cases cited4 opinions
- Holt v. . TuiteNew York Court of Appeals · 1907
- Bouton v. . WelchNew York Court of Appeals · 1902
- White v. DevendorfAppellate Division of the Supreme Court of the State of New York · 1908
- Jones v. ThomasAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by10 opinions
- In Re HarrisCalifornia Supreme Court · 1993
- Ennis v. ChichesterAppellate Division of the Supreme Court of the State of New York · 1919
- In re the Estate of McMillanAppellate Division of the Supreme Court of the State of New York · 1915
- Tracy v. DanzingerAppellate Division of the Supreme Court of the State of New York · 1938
- In Re HarrisCalifornia Supreme Court · 1993
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