Prime v. Koehler
New York Court of Common Pleas
Appeal by the defendant from a judgment in favor of plaintiffs entered on a decision made by Judge Robinson at special term. The action was brought by the plaintiffs, Prime and another to recover the amount of certain installments of interest on a bond secured by a mortgage on the land of defendant. The bond and a mortgage accompanying it were executed by a former owner of the land covered by the mortgage.
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Appeal by the defendant from a judgment in favor of plaintiffs entered on a decision made by Judge Robinson at special term. The action was brought by the plaintiffs, Prime and another to recover the amount of certain installments of interest on a bond secured by a mortgage on the land of defendant. The bond and a mortgage accompanying it were executed by a former owner of the land covered by the mortgage. The defendant took the land from the former owner, subject to the mortgage, but did not assume payment of it. The interest being in arrears and the principal due, by reason of default in…
1Opinion of the Court
*346The following opinion was delivered by the court at special term:—
Robinson, J.
The defendant in September, 1875, became-owner of certain real estate, subject to a mortgage executed-by, and given to secure a bond of, one Joseph M. Koehler, dated August 28th, 1871, conditioned to pay $29,642 50 oil the first day of September, 1875, together with interest semiannually on the first days of March and September, 1875.
The bond in September, 1875, was reduced to $22,000, and the time of payment extended to September 1st, 1877, “subject to the usual, interest default clause.”
In September, 1875, said…
2Cases cited7 opinions
- Mallory v. . GillettNew York Court of Appeals · 1860
- Leonard v. VredenburghNew York Supreme Court · 1811
- Watson v. RandallNew York Supreme Court · 1838
- Brewster v. . SilenceNew York Court of Appeals · 1853
- Larson v. WymanNew York Supreme Court · 1835
2 more not listed; retrieve them via the Exa API.
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