Hyperlawhypertext legal database Kline Realty & Improvement Co. v. Argus Realty Co. 145 N.Y.S. 1129

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Kline Realty & Improvement Co. v. Argus Realty Co.

145 N.Y.S. 1129 Court N.Y. App. Div. Decision date 1914-02-06 English

Contents

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p. 1129
KLINE REALTY & IMPROVEMENT CO., Respondent, v. ARGUS REALTY CO., Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
February 6, 1914.)

Headnote

Action by the Kline Realty & Improvement Company against the Argus Realty Company and others.

Judgment of foreclosure and sale affirmed, with costs. The learned trial court refused to find that the mortgage had been extended. The alleged six months extension claimed to have been arranged when the president of the Argus Realty Company paid the back interest due November 23, 1911, was denied on behalf of plaintiff, and was inconsistent with the subsequent negotiations to extend this mortgage for the same six months period. The court below, upon conflicting testimony, having refused to find that at the beginning of this suit there was any valid agreement to extend the time of payment of the mortgage, its findings and refusals to find are sustained upon this appeal.