Batchelder v. Council Grove Water Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the City of New York, entered upon an order made May, 1891, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and affirmed an order of Special Term granting an extra allowance. This action -was upon three mortgage bonds. Plaintiff claimed to recover principal and interest.
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Appeal from judgment of the General Term of the Superior Court of the City of New York, entered upon an order made May, 1891, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and affirmed an order of Special Term granting an extra allowance. This action -was upon three mortgage bonds. Plaintiff claimed to recover principal and interest. The trial court held that plaintiff was entitled to recover the interest due represented by coupons attached to the bonds, but not the principal. Defendant had served an offer to allow judgment for…
1Opinion of the Court
Per Curiam. *
This action was brought in September, 1889, to recover the principal and interest of three several mortgage bonds for one thousand dollars each, payable July 1, 1912. It is, therefore, apparent that the action, except on the coupons for interest, was prematurely brought, unless there are other circumstances appearing in the case, showing that an earlier day for the payment of the bonds had been provided. It is claimed that these circumstances appear from a clause in the bonds, reading as follows: “ In case of default in the payment of any of the interest coupons attached to this…
2Cases cited1 opinion
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
3Cited by37 opinions
- Loiacono v. GoldbergAppellate Division of the Supreme Court of the State of New York · 1997
- Allan v. Moline Plow Co.Court of Appeals for the Eighth Circuit · 1926
- Home Mortg. Co. v. RamseyCourt of Appeals for the Fourth Circuit · 1931
- Watson v. Chicago, Rock Island & Pacific RailroadAppellate Division of the Supreme Court of the State of New York · 1915
- Field v. SibleyAppellate Division of the Supreme Court of the State of New York · 1902
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