Martin v. Clover
New York Supreme Court
Appeal from special term, Kings county. Action by William M. Martin, as trustee under the will of Francis WHutchins, deceased, against Bertrand Clover and others, to foreclose a mortgage on real estate. Judgment for plaintiff. Defendant Clover appeals.
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Appeal from special term, Kings county. Action by William M. Martin, as trustee under the will of Francis WHutchins, deceased, against Bertrand Clover and others, to foreclose a mortgage on real estate. Judgment for plaintiff. Defendant Clover appeals. The complaint alleged the making and delivery of the bond, conditioned for the payment of the sum of $11,000, with interest semi-annually on the 1st days of November and May in each year until said principal sum should be fully paid; “that it was therein expressly agreed that, should any default be made in the payment of the said interest, or…
1Opinion of the CourtPratt, J.
This case is too plain to require much discussion. • The plaintiff was justified in returning the check first sent,'not only because the check contained a statement that it was given in payment for interest in full up to a date 20 days more than was true in fact, but also because it was a check, and not legal tender. The interest not being paid, the holder of the mortgage, before the receipt of another check, had elected to regard the whole sum secured by the mortgage as due, and therefore he had a right to return the second check as being tendered too late. This case, at first view, seems…
2Cases cited1 opinion
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
3Cited by2 opinions
- Bartlett Bros. Land Loan Co. v. ReesSupreme Court of Oklahoma · 1921
- Fay v. PicarielloNew York County Court, Kings County · 1919