Bennett v. . Stevenson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department; reversing order of the County Court of Kings county denying motion, on the part of the defendant, to stay proceedings, and ordering that all proceedings, on the part of the plaintiff herein, be stayed until further default. This action was brought to foreclose a mortgage given by defendant, Stevenson, to plaintiff.
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Appeal from order of the General Term of the Supreme Court in the second judicial department; reversing order of the County Court of Kings county denying motion, on the part of the defendant, to stay proceedings, and ordering that all proceedings, on the part of the plaintiff herein, be stayed until further default. This action was brought to foreclose a mortgage given by defendant, Stevenson, to plaintiff. The bond accompanying it contained a condition in substance that, should the interest on the principal sum remain unpaid and in arrear for thirty days, then, at the expiration of that…
1Opinion of the CourtGrover, J.
The order of the General Term determines the action, and prevents a judgment from which an appeal could be taken. It is, therefore, appealable to this court. (Code, § 11, sub. 2.)
The complaint alleges that the defendant omitted to pay the interest on the mortgage, which became due September 1, 1872, and in substance that the same remained unpaid and in arrear for thirty days; and that pursuant to the conditions of the bond, making the entire principal due upon the happening of such event, at plaintiff’s election, he elected to have the whole sum secured by the mortgage paid at once, and…
2Cases cited1 opinion
- Noyes v. ClarkNew York Court of Chancery · 1838
3Cited by18 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Moore v. SargentIndiana Supreme Court · 1887
- Petterson v. WeinstockSupreme Court of Connecticut · 1927
- Swearingen v. LahnerSupreme Court of Iowa · 1894
- Murphy v. FoxSupreme Court of Oklahoma · 1955
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