Metropolitan Life Insurance v. Stimpson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edwin 0. Stimpson and others, from a judgment of the" County Court of Kings county in favor of. the plaintiff, entered in the office of the clerk of the county of Kings on the 15th day of January, 1898, upon the decision of the court.
1Opinion of the Court
Willard Bartlett, J.:
This suit was brought to foreclose a mortgage made by the defendants Stimpson and Devnell to the plaintiff.. The mortgage was dated September 28,1891, and.was made to secure the payment of $6,000, with interest at six per- cent per annum, on October 1, 18.94,, except ten per cent which should be payable at the option of the mortgagee *545one year from the date of the instrument. The bond to which it was collateral was executed by Edwin G. Stimpson and George A. Devnell, and contained the following provision:
“ It is expressly understood and agreed by and between the parties…
2Cases cited2 opinions
- Sentenis v. . LadewNew York Court of Appeals · 1893
- Lowman v. . YatesNew York Court of Appeals · 1868
3Cited by4 opinions
- Blumenthal v. SerotaSupreme Judicial Court of Maine · 1930
- Title Guarantee & Trust Co. v. WeiherNew York Supreme Court · 1900
- Indianapolis Morris Plan Corp. v. KarlenAppellate Division of the Supreme Court of the State of New York · 1969
- Mutual Life Insurance v. WinslowAppellate Terms of the Supreme Court of New York · 1944