Trenor v. Le Count
New York Supreme Court
Appeal from special term, Westchester county. Action by John H. Trenor against Fannie A. Le Count and others to foreclose a mortgage. From an order discontinuing the action, plaintiff appeals. • Reversed.
1Opinion of the CourtCullen, J.
This action is to foreclose a mortgage which contained the usual 30 days’ interest clause. Default having been made in the payment of the interest for more than 30 days, the plaintiff elected that the principal should become due, and instituted this foreclosure. The defendants, on affidavits charging the plaintiff’s attorney with unfriendly feeling towards the defendants, and a desire on his part to harass them, applied for an order staying the action. On that application the court made an order directing the action to be discontinued, upon defendants paying to the plaintiff the interest in…
2Cases cited1 opinion
- Bennett v. . StevensonNew York Court of Appeals · 1873
3Cited by2 opinions
- Arnot v. Union Salt Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Burkard v. Stephan Building & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1913