101 Misc. 618 | N.Y. Sup. Ct. | 1917
This is an action to foreclose a purchase money mortgage given by the defendant Rosenberg to one Mabel S. Suydam, which provided that, in case of default in the payment of interest for ten days the mortgagee might elect to declare the whole principal due. The .first interest, amounting to $180, became due on August 1, 1917, and it is for a failure to pay this interest that this action is brought. Plaintiff' admitted that he was present when the mortgage herein was executed; that he lmew the defendant London and his place of residence; that the mortgage which was executed on February 1, 1917, was assigned to plaintiff on or about April 16, 1917; that he did not notify defendant London of such assignment, although he admits that he met London in June while they were both in court at the trial of a suit for commissions on the sale of the mortgaged premises. It also appears that defendant London, on August 2,1917, called at the residence of Mabel S. Suydam, in Brooklyn, for the purpose of paying the interest, and on the following day called at the office of the plaintiff for the purpose of ascertaining how he could pay the interest to Mrs. Suydam, but found plaintiff absent from the city. Plaintiff testified that he returned to the city on August 2, 1917, but left town immediately and did not return until the end of the month. It also appeared that London called at the residence of Mrs. Suydam, the mortgagee, and made a tender to her daughter-in-law. The Us pendens herein was filed on August 25,
Judgment accordingly.