Rathbone v. Forsyth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David Forsyth and another, from a judgment of the County Court of Chenango county in favor of the plaintiffs, entered in the office of the clerk of the county of Chenango on the 15 th day of July, 1915, upon the decision of the court decreeing a foreclosure and sale, a jury having been waived.
1Opinion of the Court
Kellogg, P. J.:
The mortgage, dated March 1, 1913, was given to secure $7,500, payable $150 of the principal March 1, 1914, and the same amount annually thereafter until the 1st day of March, 1923, on which day all the unpaid principal becomes due, with the right to make greater payments. Interest was payable annually, with the right to declare the whole mortgage due in case default was made in any payment. The foreclosure for the whole amount proceeded upon the theory that the $150 principal payable March 1, 1914, remained unpaid for more than thirty days thereafter and under the terms of the…
2Cases cited2 opinions
- Cunningham v. HedgeAppellate Division of the Supreme Court of the State of New York · 1896
- Sturges & Burn Manufacturing Co. v. American Separator Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by6 opinions
- Johnson v. GoreMississippi Supreme Court · 1955
- Federal National Mortgage Ass'n v. MillerNew York Supreme Court · 1984
- Central National Bank v. PatonNew York Supreme Court · 1981
- Fay v. PicarielloNew York County Court, Kings County · 1919
- Rosenblum v. HarringtonAppellate Division of the Supreme Court of the State of New York · 1926
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