Noyes v. . Anderson
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city of New York, made March 14, 1888, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted a new trial.
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Appeal from order of the General Term of the Court of Common Pleas for the city of New York, made March 14, 1888, which reversed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term, and granted a new trial. The action was brought in 1887 to foreclose a mortgage, of date January 1, 1884, made by the defendant Anderson and her husband, John J. Anderson, upon certain premises in the city of New York, to secure the payment of $12,500, and interest, to the plaintiff on the 1st day of January, 1885, according to the condition of a bond of the mortgagors.…
1Opinion of the CourtBradley, J.
The agreement of October 2,1885, by which the plaintiff agreed that no proceedings should, upon certain conditions, be taken to enforce the bond and mortgage during the life of' Mrs. Anderson, and for one year thereafter, was founded upon a good consideration; and, inasmuch as she had been in default in payment of the sewer assessment more than thirty days at the time of the commencement of this action, the main question is whether she was, under the circumstances, entitled to relief against the consequences of such default. At the time the agreement was made the principal sum secured by the…
2Cases cited4 opinions
- Noyes v. ClarkNew York Court of Chancery · 1838
- Giles v. . AustinNew York Court of Appeals · 1875
- Malcolm v. . AllenNew York Court of Appeals · 1872
- Hagar v. BuckSupreme Court of Vermont · 1872
3Cited by81 opinions
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Spoon-Shacket Co. v. County of OaklandMichigan Supreme Court · 1959
- Eastern Oil Co. v. CoulehanWest Virginia Supreme Court · 1909
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