Legal Opinion

Valentine v. Van Wagner

New York Supreme Court

Decided February 3, 1862PublishedCited by 13 opinions

THIS was a motion for judgment, in an action for the foreclosure of a mortgage.

1Opinion of the CourtAllen, J.

By the terms of the" mortgage, upon default in the payment of interest for twenty days after the time limited for the payment thereof, the principal sum, together with all arrears of interest thereon, was, at the option of the plaintiff, to become and be due and payable immediately thereafter. This condition is not in the nature of a forfeiture, to be relieved against by a court of equity, or which a court of equity will not enforce. It is an agreement which the parties had a right to make, and the extension of credit was lawfully made dependent upon the punctual payment of interest. Upon the…

2Cases cited2 opinions

  1. Noyes v. ClarkNew York Court of Chancery · 1838
  2. Ferris v. FerrisNew York Supreme Court · 1858

3Cited by13 opinions

  1. Graf v. Hope Building Corp.New York Court of Appeals · 1930
  2. Stanclift v. NortonSupreme Court of Kansas · 1873
  3. Pope v. HooperNebraska Supreme Court · 1877
  4. Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
  5. JP Morgan Chase Bank, National Ass'n v. IlardoNew York Supreme Court · 2012

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