Arnot v. Union Salt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matthias H. Arnot, as trustee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schuyler on the 2-8th day of August, 1908, upon the decision of the court, rendered after a trial at the Schuyler Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Kellogg, J. :
Upon a former trial a judgment was entered in favor of the plaintiff which was reversed by the Court of Appeals (186 N. Y. 501*) upon the ground that the undisputed evidence upon the record as it then appeared showed that the plaintiff had waived the payment of the coupons which became due July 1, 1904, and thereby was unable to declare the whole amount of the mortgage due for *491their non-payment. The general facts of the case appear in that report and it is unnecessary to repeat them here. In the main, therefore, reference will now only be made to thef additional facts which were…
2Cases cited2 opinions
- Arnot v. . Union Salt Co.New York Court of Appeals · 1906
- Arnot v. Union Salt Co.Appellate Division of the Supreme Court of the State of New York · 1905