Malcolm v. . Allen
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the second judicial department, reversing three orders of Special Term and vacating judgment. The motion was granted. From this order defendants appealed to the General Term, where it was reversed. The appeals were heard together at General Term, which reversed so much of the first order as denied a stay of proceedings, reversed the other two orders, and vacated and set aside the judgment.
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Appeal from order of General Term of the Supreme Court in the second judicial department, reversing three orders of Special Term and vacating judgment. The motion was granted. From this order defendants appealed to the General Term, where it was reversed. The appeals were heard together at General Term, which reversed so much of the first order as denied a stay of proceedings, reversed the other two orders, and vacated and set aside the judgment. This is an action to foreclose a mortgage made by defendants, Sarah L. Allen and Leander her husband, to plaintiff, for $9,500, payable in two…
1Opinion of the CourtKafallo, J.
The orders of the 13th and 23d of June-should not have been reversed. At the time of the commencement of the action, on the 19th of November, 1870, interest and $4,500 of the principal only were due. Default in the payment of interest had not then been made for thirty days. But before any tender of this interest the thirty days elapsed, and the plaintiff, thereupon, had the right to elect, and did elect, pursuant to the stipulation in the bond, that the second installment of $5,000 of principal should also become due. This right was not waived by bringing the action before the thirty days had…
2Cited by21 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Moore v. SargentIndiana Supreme Court · 1887
- Ferlazzo v. RileyNew York Court of Appeals · 1938
- Swearingen v. LahnerSupreme Court of Iowa · 1894
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