Legal Opinion
Continental Bank v. Barclay Riding Academy, Inc.
Supreme Court of New Jersey
Decided May 9, 1983PublishedCited by 76 opinions
1Opinion of the Court
The opinion of the Court was delivered by
GARIBALDI, J.
This is an action to foreclose a mortgage given by Barclay Riding Academy, Inc. (“Barclay”) 1 to Continental Bank of Pennsylvania (“Continental”). At issue is whether the mortgage is void because (1) it violates the anti-tying provisions of Section 1972(1)(C) of the Bank Holding Company Act, 12 U.S.C. §§ 1971-1978, as amended (the “Act”); (2) it was given without consideration; or (3) it was executed under duress.
The trial court invalidated the mortgage for all three reasons, any one of which alone is sufficient to void the mortgage. The…
2Cases cited53 opinions
- Kaiser Steel Corp. v. MullinsSupreme Court of the United States · 1982
- United States v. Bethlehem Steel Corp.Supreme Court of the United States · 1942
- Tose v. First Pennsylvania Bank, N.A.Court of Appeals for the Third Circuit · 1981
- Friedman v. Tappan Development Corp.Supreme Court of New Jersey · 1956
- Hartsville Oil Mill v. United StatesSupreme Court of the United States · 1926
48 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Great Falls Bank v. PardoNew Jersey Superior Court Appellate Division · 1993
- Mack Sanders, Jane Forbes, Trustee v. First National Bank & Trust Company in Great BendCourt of Appeals for the First Circuit · 1991
- Glenfed Financial v. Penick Corp.New Jersey Superior Court Appellate Division · 1994
- 1266 Apt. Corp. v. New Horizon DeliNew Jersey Superior Court Appellate Division · 2004
- Interchange State Bank v. RinaldiNew Jersey Superior Court Appellate Division · 1997
71 more not listed; retrieve them via the Exa API.