Legal Opinion
Gilbert v. Pennington Trap Rock Co.
New Jersey Court of Chancery
Decided November 8, 1944No. Docket 143/13PublishedCited by 10 opinions
1Opinion of the Court
It is an inherent proclivity of this court to decline to lend its aid toward the attainment of a result that would be inequitable or unconscionable. Equity follows the law, but not slavishly nor always. 13 Halsbury, Laws of England 68. Despite the restoration of his security, the complainant declines to relent and insists upon the right to foreclose his mortgage.
On February 20th, 1940, a bond and mortgage were executed and delivered by Pennington Trap Rock Company to the complainant to evidence and secure the payment of $122,000. By the terms of the instruments the mortgagor obligated itself…
2Cases cited41 opinions
- Metropolitan Life Insurance v. LodzinskiSupreme Court of New Jersey · 1937
- Grobholz v. Merdel Mortgage Investment Co.Supreme Court of New Jersey · 1934
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
- Shaw v. WellmanNew York Supreme Court · 1891
- Weiner v. CullensSupreme Court of New Jersey · 1925
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3Cited by10 opinions
- Eisen v. KostakosNew Jersey Superior Court Appellate Division · 1971
- SD Walker, Inc. v. Brigantine Beach Hotel Corp.New Jersey Superior Court Appellate Division · 1957
- Bor. of New Shrewsbury v. Block 105, Lot 11New Jersey Superior Court Appellate Division · 1969
- Chase Manhattan Mortgage Corp. v. SpinaNew Jersey Superior Court Appellate Division · 1998
- Balmoral Arms v. RUTKINNew Jersey Superior Court Appellate Division · 1969
5 more not listed; retrieve them via the Exa API.