Weyand v. The Park Terrace Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Park Terrace Company, from, a final judgment of the Supreme Court in favor of the plaintiffs, entered in the-office of the' clerk of the county of Queens, on the 9th day of June, 1909, confirming the report", of a referee and directing the sale of certain real property under foreclosure proceedings, with notide of an intention to bring up for review an interlocutory judgment and order of reference entered herein on the 1st day-of May, 1909, and…
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Appeal by the defendant, The Park Terrace Company, from, a final judgment of the Supreme Court in favor of the plaintiffs, entered in the-office of the' clerk of the county of Queens, on the 9th day of June, 1909, confirming the report", of a referee and directing the sale of certain real property under foreclosure proceedings, with notide of an intention to bring up for review an interlocutory judgment and order of reference entered herein on the 1st day-of May, 1909, and an order granting- an additional allowance entered on the 5th day of June, 1909, and also the judgment of reversal…
1Opinion of the Court
Jenks, J.:
This appeal is by a defendant in an action to foreclose a mortgage -upon real estate. ' The referee to compute- allowed interest at the rate of 5£ per.centum per annum until September 26, 1907, and interest thereafter at the rate'* of 6 per centum per annum. The appellant -contends that as the rate named in the Obligation was 5"|-pér cent, the allowance of interest at 6 per cent was erroneous.. It was expressly agreed in the obligation that the .whole of the principal sum should become due after default in the payment of interest, taxes .or assessments. There was default in the…
2Cases cited7 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Noyes v. ClarkNew York Court of Chancery · 1838
- Malcolm v. . AllenNew York Court of Appeals · 1872
- Valentine v. Van WagnerNew York Supreme Court · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re the Estate of GrubeNew York Surrogate's Court · 1938
- In re the Estate of O'ConnorNew York Surrogate's Court · 1936
- Weyand v. Park Terrace Co.Appellate Division of the Supreme Court of the State of New York · 1910