Carver v. Wagner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harriet A. Wagner, from'a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 21st day of December, 1899, upon the decision of the court, rendered after a trial .at- the Monroe Special Term, decreeing a foreclosure of the mortgage in suit, and also from an order bearing date the 18th day of December, 1899, and entered in said clerk’s office, denying the (defendant’s motion for an…
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Appeal by the defendant, Harriet A. Wagner, from'a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 21st day of December, 1899, upon the decision of the court, rendered after a trial .at- the Monroe Special Term, decreeing a foreclosure of the mortgage in suit, and also from an order bearing date the 18th day of December, 1899, and entered in said clerk’s office, denying the (defendant’s motion for an inspection and discovery of the papers and accounts . of plaintiff’s testatrix. This, action was brought to foreclose a…
1Opinion of the Court
Spring, J.:
•The bond and mortgage in this case bear date June 10,1896. 'They are each acknowledged Hovember twenty-seventh of that year. By their terms the principal sum of $1,000' is due three years from ■date, with annual interest. The action was commenced October 26, 1899, and, therefore, by the strict letter of the contract the whole sum secured by the mortgage was due prior to the commencement •of the action. The complaint alleges that the bond and mortgage were delivered Hovember- 27, 1896, and treats the obligation as * commencing to run from that date, and hence no part of the…
2Cases cited3 opinions
- Birkbeck v. . AckroydNew York Court of Appeals · 1878
- Porter v. . DunnNew York Court of Appeals · 1892
- Stokes v. PeaseNew York Supreme Court · 1894
3Cited by8 opinions
- Effray v. EffrayAppellate Division of the Supreme Court of the State of New York · 1905
- In re the Judicial Settlement of the Estate of DaileyNew York Surrogate's Court · 1904
- In re the Estate of GroganNew York Surrogate's Court · 1913
- Ennis v. NusbaumSupreme Court of Kansas · 1913
- Topham v. Interurban Street Railway Co.Appellate Terms of the Supreme Court of New York · 1904
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