Ritter v. . Phillips
New York Court of Appeals
Appeal by defendant, Henry A. Thaule, from judgment of the Superior Court of the city of Hew York affirming a judgment in favor of plaintiff,' entered upon the decision of the court at Special Term. This was an action to foreclose a bond and mortgage given by defendant Phillips to secure the payment of $4,000, with interest at six per cent.
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Appeal by defendant, Henry A. Thaule, from judgment of the Superior Court of the city of Hew York affirming a judgment in favor of plaintiff,' entered upon the decision of the court at Special Term. This was an action to foreclose a bond and mortgage given by defendant Phillips to secure the payment of $4,000, with interest at six per cent. When the mortgage became due, the mortgagor verbally agreed with the holder thereof that the time of payment should be extended one year, and that the interest should be seven per cent instead of six. Phillips, the mortgagor, sold the premises to defendant…
1Opinion of the CourtFolger, J.
The sole appellant is the defendant Thaule. He is a subsequent grantee by intermediate conveyances from Philips, the mortgagor. He purchased the premises subject to the mortgage, "and assumed, by the provisions of the deed to him, to pay off this mortgage as a part of the consideration money. It is to be gathered from the case, that the amount thus assumed by Thaule was the sum of $4,000 of principal, and the interest thereon from the first day of Hay, 1870. As by the judgment of foreclosure and sale the amount due and payable and unpaid upon the mortgage is declared to be but $4,000 of…
2Cases cited9 opinions
- Kortright v. . CadyNew York Court of Appeals · 1860
- Freeman v. . AuldNew York Court of Appeals · 1870
- Mowry v. BishopNew York Court of Chancery · 1835
- Ludwick v. HuntzingerSupreme Court of Pennsylvania · 1842
- Macomber v. DunhamNew York Supreme Court · 1832
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
- Magie v. ReynoldsNew Jersey Court of Chancery · 1893
- American Waterworks Co. of Illinois v. Farmers' Loan & Trust Co.Court of Appeals for the Eighth Circuit · 1896
- In re SolomonDistrict Court, E.D. Pennsylvania · 1941
- Davis v. KlingNew York Supreme Court · 1894
4 more not listed; retrieve them via the Exa API.