Cole v. Hinck
Appellate Division of the Supreme Court of the State of New York
■Appeal by the plaintiff, Julia Cole, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of May, 1907, resettling a prior order entered in said clerk’s office on the . 25th day of April, 1907, staying the plaintiff’s proceedings herein and canceling the Us pendens and summons.
1Opinion of the Court
Lambert, J.:
The order appealed from, and which practically • disposed of the action, is made in an action for foreclosure of. a second mortgage. This mortgage contained a clause that the whole principal should become due after default in the payment of interest for five days after the same became due. It is conceded that interest became due on the 5th day of March, 1907; that it was not paid on that day, ■and that it was not tendered until the thirteenth day of March, when i’t was refused, as was a like tender, with accumulated interest, on the sixteenth day of March. ■ The plaintiff elected…
2Cases cited3 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
- Hothorn v. . LouisNew York Court of Appeals · 1902
3Cited by3 opinions
- Matusak v. BakiorzynskiNew York Supreme Court · 1926
- Burkard v. Stephan Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Freedley's Admx. v. Manchester Marble Co.Supreme Court of Vermont · 1925