Weideman v. Pech
Appellate Division of the Supreme Court of the State of New York
Appeal from Erie County Court. Action by Carl J. Weideman against Magdalena Pech, impleaded with others. Erom a judgment dismissing the complaint, plaintiff appeals. Reversed. The action was brought for the foreclosure of a mortgage, which, by its original terms, was due at the time of the commencement of the action.
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Appeal from Erie County Court. Action by Carl J. Weideman against Magdalena Pech, impleaded with others. Erom a judgment dismissing the complaint, plaintiff appeals. Reversed. The action was brought for the foreclosure of a mortgage, which, by its original terms, was due at the time of the commencement of the action. Plaintiff, however, was defeated upon the ground that his assignor of said mortgage had before assignment given to the grantor of defendant Magdalena Pech, as owner of the premises, an agreement extending the time of payment of said mortgage beyond the date when the action was…
1Opinion of the CourtHiscock, J.
The mortgage in suit was executed on or about June 1, 1894, and made payable five years after date, with interest at the rate of 6 per cent, per annum. Subsequent to execution the bond and mortgage were assigned to one Wippert and the premises covered by the mortgage were conveyed to the defendant Magdalena Pech. On or about March 31, 1903, said Wippert executed an agreement with defendant’s grantor extending the time of payment of the sum of $2,400 secured to be paid by the mortgage for the period of four years from March 31, 1903, and reducing the rate of interest to 5 per cent, per annum.…
2Cases cited7 opinions
- Wood v. . ChapinNew York Court of Appeals · 1856
- Decker v. . BoiceNew York Court of Appeals · 1880
- Jackson, ex dem. Rounds v. M'ChesneyNew York Supreme Court · 1827
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Ward v. IsbillNew York Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rose v. AdlerNew York Supreme Court · 1914
- Clarke v. MatzkinAppellate Division of the Supreme Court of the State of New York · 1908