French v. Row
New York Supreme Court
Appeal by tbe defendants, Snsan Row and another, from a judgment of the County Court of Oswego county in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 5th day of August, 1893, upon the decision of the court, with notice of an intention to bring up for review two orders made the 18th day of July, 1893, and entered in said clerk’s office, one of which denied the defendants’ motion to settle the issues, and the other struck out the…
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Appeal by tbe defendants, Snsan Row and another, from a judgment of the County Court of Oswego county in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 5th day of August, 1893, upon the decision of the court, with notice of an intention to bring up for review two orders made the 18th day of July, 1893, and entered in said clerk’s office, one of which denied the defendants’ motion to settle the issues, and the other struck out the defendants’ amended answer; the statement as made in such notice of appeal béing that “ appellant intends to bring up for…
1Opinion of the Court
Martin, J.:
This action was brought in the Oswego County Court to foreclose a mortgage made by the defendants April 1, 1890, given to secure *382the payment of $5,000, with interest at the rate of five per cent per annum, payable semi-annually, the principal to be paid at the expiration of ten years.
The mortgage contained a provision that if default should be made in the payment of any sum on the day it became due, and it should remain unpaid for the space' of ten days, the whole debt should thereupon, at the option of the mortgagee, become due and payable immediately thereafter.
The plaintiff…
2Cases cited18 opinions
- Insurance Co. v. WolffSupreme Court of the United States · 1877
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Noyes v. . AndersonNew York Court of Appeals · 1891
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- De Frece v. National Life InsuranceNew York Court of Appeals · 1892
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