Feldman v. . Beier
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Wolf upon certain premises in the city of Hew York. Defendant Beicr, who was the owner of the equity of the redemption and who alone defended, set up payment.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to foreclose a mortgage executed by defendant Wolf upon certain premises in the city of Hew York. Defendant Beicr, who was the owner of the equity of the redemption and who alone defended, set up payment. The question was as to the payment of eighteen months interest due December 1, 1871, which was indorsed upon the bond as paid. The facts in reference thereto appear sufficiently in the…
1Opinion of the CourtMiller, J.
The right of the plaintiff to recover for the interest indorsed upon the bond accompanying the mortgage, which this action was brought to foreclose, depends upon the question whether the plaintiff is precluded, by such indorsement and the assignment made by him of the mortgage, ’ from claiming that the interest had not actually been paid. The evidence shows that when the mortgage became due on • the first day of December, 1871, the principal and interest from June 1, 1870, was due and unpaid. .The mortgagor being unable to pay either principal or interest, and the plaintiff requiring the…
2Cases cited5 opinions
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- Hill v. . BeebeNew York Court of Appeals · 1856
- Muldon v. WhitlockNew York Supreme Court · 1823
- Frisbie v. LarnedNew York Supreme Court · 1839
- Buswell v. . PoineerNew York Court of Appeals · 1867
3Cited by7 opinions
- American Trust Co. v. New York Credit Men's Adjustment Bureau, Inc.Court of Appeals for the Second Circuit · 1953
- In re Wegman Piano Co.District Court, N.D. New York · 1915
- Sawyer v. MarmaroNew York Supreme Court · 1929
- Silattuck v. BuekAppellate Terms of the Supreme Court of New York · 1912
- Bicknell v. SpierNew York Court of Common Pleas · 1894
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