John Hoffman Co. v. Rochester Consol. Mining & Milling Co.

Appellate Division of the Supreme Court of New York

John Hoffman Co. v. Rochester Consol. Mining & Milling Co.

53 N.Y.S. 1106

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 26, 1898

StatusPublished

This text of 53 N.Y.S. 1106 (John Hoffman Co. v. Rochester Consol. Mining & Milling Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

John Hoffman Co. v. Rochester Consol. Mining & Milling Co., 53 N.Y.S. 1106 (N.Y. Ct. App. 1898).

Pincite

Opinion

PER CURIAM.

Judgment reversed, and a new trial ordered, with- costs to the appellant to abide the event. Held: (1) That the provisions contained in the note and .those contained in the mortgage being inconsistent, the provisions of the note must prevail. Rothchild v. Railway Co., 84 Hun, 103, 32 N. Y. Supp. 37. (2) The defendant could not exercise the option to extend the time of the payment of the note after suit brought so as to prejudice the right of the plaintiff. All concur, except WARD, J., who dissents.

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PER CURIAM.

Judgment reversed, and a new trial ordered, with- costs to the appellant to abide the event. Held: (1) That the provisions contained in the note and .those contained in the mortgage being inconsistent, the provisions of the note must prevail. Rothchild v. Railway Co., 84 Hun, 103, 32 N. Y. Supp. 37. (2) The defendant could not exercise the option to extend the time of the payment of the note after suit brought so as to prejudice the right of the plaintiff. All concur, except WARD, J., who dissents.

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Bluebook (online)

53 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-hoffman-co-v-rochester-consol-mining-milling-co-nyappdiv-1898.