WebThe plaintiff relies upon the principal of law enunciated in Graf v. Hope Building Corp. ( 254 N.Y. 1). In this writer's opinion, that case is distinguishable from the instant one. In the Graf case ( supra) the mortgage provided that after a default for twenty days in the payment of any installment of interest the mortgage would become due and ... WebThe A. L. R. note to Graf v. Hope Building Corp. (N.Y.) 171 N.E. 884, 70 A.L.R. 984, beginning on page 993, cites numerous cases in which it was held that equity would relieve against the operation of the acceleration clause when the default of the mortgagor was the result of unconscionable or inequitable conduct of the mortgagee, or when the ...
Maxims of Equity PDF Mortgage Law Equity (Law) - Scribd
WebGraf v. Hope Bldg. Corp. - 254 N.Y. 1, 171 N.E. 884 (1930) Rule: If, from the mere negligence of the mortgagor in performing his contract, he suffers the whole debt to … WebJun 10, 2010 · Hope Building Corporation 254 NY 1 [1930], the Court presumes that Defendant is appealing to the equity jurisdiction of this Court. This would be appropriate since an action to foreclose a mortgage is a suit in equity, Jamaica Savings Bank v. M.S. Investing Co. 274 NY 215 [1937]. popshot company
Maxims of Equity PDF Mortgage Law Equity (Law) - Scribd
WebThe debtor was continued in possession of its property. Its balance sheet as of December 31, 1936, showed assets valued at $89,384,996.57 and liabilities of $54,000,000 including $36,000,000 in principal of its thirty-year 5 per cent. Gold Debentures, due February 1, 1959, and $14,000,000 twenty-year 5½ per cent. WebPlaintiffs, as executors of Joseph L. Graf, are the holders of two consolidated mortgages forming a single lien on real property the title to which is vested in defendant Hope … WebGraf v. Hope Building Corp., 171 N.E. 884 (NY 1930) New York Court of Appeals Add Note Filed: May 13th, 1930 Precedential Status: Precedential Citations: 171 N.E. 884, … pop shoto fnac