Legal Opinion · Dissent

Markle v. Osborne

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1921Published

Appeal from a judgment of the County Court of Ulster county, entered in the office of the clerk of said county on the 23d day of April, 1919, allowing defendants’ counterclaim against the plaintiff in the above-entitled action of foreclosure.

1DissentKiley, J.

This action was brought to foreclose a mortgage, and tried before the court without a jury. The mortgage bears date November 12, 1915. The terms of payment in said mortgage are as follows: *907“ Interest November 12th, 1916, 1917 and 1918. $100.00 on account of the principal, November 12, 1919, and interest, and $100.00 on account of the principal on the 12th day of November in each and every year thereafter until the whole of said principal sum of $1400.00 together with the interest thereon shall be fully paid.” Interest rate is five per cent. Cornelia J. Terwilliger is the mortgagee named in…

2Cases cited7 opinions

  1. Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
  2. Owen v. . EvansNew York Court of Appeals · 1892
  3. Hill v. . HooleNew York Court of Appeals · 1889
  4. Fort Miller Pulp & Paper Co. v. BrattAppellate Division of the Supreme Court of the State of New York · 1907
  5. Conklin v. John H. Woodbury Dermatological InstituteAppellate Division of the Supreme Court of the State of New York · 1899

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