Frank v. Frank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Solomon Frank, from a judgment of the Supreme Court in favor of the plaintiffs entered in the office of the clerk of the county of Kings on the 27th day of April, 1907, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury.
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Appeal by the defendant, Solomon Frank, from a judgment of the Supreme Court in favor of the plaintiffs entered in the office of the clerk of the county of Kings on the 27th day of April, 1907, upon the decision of the court rendered after a trial at the Kings County Trial Term before the court without a jury. The action was to recover $3,000 paid by the plaintiffs on a contract of purchase of real' property of the defendant, and also the amount expended in searching the title.
1Opinion of the Court
Gaynor, J.:
The judgment should have been for the defendant. The agreement was that the plaintiffs should take thé title subject to a mortgage for $46,500 having'at least one year to run. The plaintiffs refused to take the title for the reason that although the said mortgage was by its terms to run for one year, it contained a clause that (in sum and substance) if the laws for the taxation of mortgages should be changed, so as to increase such taxes, and the fee owner should neglect to pay the same, the mortgagee should have the option to make the mortgage due by a notice of thirty days to…
2Cases cited2 opinions
- Blanck v. . SadlierNew York Court of Appeals · 1897
- Oppenheim v. McGovernAppellate Division of the Supreme Court of the State of New York · 1906