4TH SECTION CORP. v. CARTON ENTERS.


29 Misc.2d 746 (1961)

Fourth Section Corp., Plaintiff, v. Carton Enterprises, Inc., et al., Defendants.

County Court, Orleans County.

May 18, 1961


Attorney(s) appearing for the Case

Heath & Heath (Hubert J. Gillette of counsel), for plaintiff. Thompson & Doherty (Hamilton J. Doherty of counsel), for defendant.


J. KENNETH SERVÉ, J.

The plaintiff has instituted an action to foreclose a mortgage made, executed and delivered by the defendant to the plaintiff. The mortgage provides that the whole principal sum shall become due at the option of the mortgagee after the default in the payment of any installment of principal or of interest for 30 days. In its complaint, the plaintiff alleges that the payment of $1,000 principal and $412.50 interest due on October...

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