Degener v. Stiles
New York Supreme Court
Appeal from special term, Hew York county. Henry Degener sued Mary A. Stiles and others to foreclose a mortgage, one of the conditions of which was that on default the mortgagee, without consideration as to the value of the property, should be entitled to a receiver. From an order refusing to appoint, plaintiff appeals.
1Per curiam
The claim made by the appellant upon this appeal seems to be that a court of equity is bound to decree specific performance of every contract which maybe entered into between parties, no matter whether it appears from the facts of the particular case that it is inequitable and unconscionable so to do or not. The court of equity was organized to relieve the hardships of the law, and was not intended to enforce or aggravate such hardships. This has always been the cardinal principle governing the administration of justice in courts of equity, and it has been repeatedly held that a court of.…
2Cited by6 opinions
- Aetna Life Insurance v. BroekerIndiana Supreme Court · 1906
- Fletcher v. KruppAppellate Division of the Supreme Court of the State of New York · 1898
- Brick v. HornbeckNew York Supreme Court · 1897
- Mortgage Union of Penn. v. KingCourt of Appeals of Kentucky (pre-1976) · 1932
- Butler v. FrazerNew York Supreme Court · 1896
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