Rubens v. Prindle
New York Supreme Court
APPEAL-from a judgment rendered at a special term. On tire 26th day of June, 1858, the plaintiff was the owner of certain real estate situated in the town of Alexander, in the county of Genesee, described in the complaint, and on that day made and delivered his bond to the defendant William 0. Hasbrouck, administrator of John Jamison deceased, and guardian of Mary E. Pitts and John J. Pitts, infants, dated on the same day, in the penalty of $10,000, conditioned for the…
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APPEAL-from a judgment rendered at a special term. On tire 26th day of June, 1858, the plaintiff was the owner of certain real estate situated in the town of Alexander, in the county of Genesee, described in the complaint, and on that day made and delivered his bond to the defendant William 0. Hasbrouck, administrator of John Jamison deceased, and guardian of Mary E. Pitts and John J. Pitts, infants, dated on the same day, in the penalty of $10,000, conditioned for the payment to said Hasbrouck, as such administrator and guardian, of $5000, on the first day of June, 1863, with interest…
1Opinion of the Court
By the Court, Welles, J.
The provision in the plaintiff’s bond and mortgage to Hasbrouck, that if default should be made in the payment of interest on any day whereon the same was made payable, and the same should remain unpaid and in arrear for the space of ten days, the principal of $5000, with all arrearages of interest thereon, should at the option of Hasbrouck, become and be due and payable immediately thereafter, was legal and valid, and was doubtless made to secure punctuality in the payment of the interest. Similar covenants have been frequently recognized and enforced. by the courts.…
2Cases cited4 opinions
- Marsh v. PikeNew York Court of Chancery · 1844
- Noyes v. ClarkNew York Court of Chancery · 1838
- Ferris v. FerrisNew York Supreme Court · 1858
- Valentine v. Van WagnerNew York Supreme Court · 1862
3Cited by7 opinions
- Adams v. SymonNew York Supreme Court · 1889
- Macloon v. SmithWisconsin Supreme Court · 1880
- Maicas v. LeonyCity of New York Municipal Court · 1889
- Snyder v. SummersTennessee Supreme Court · 1878
- Berdell v. BerdellNew York Supreme Court · 1879
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