Silver v. Rochester Savings Bank
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Witmer, J.
This appeal turns on the right of a lending institute to withhold its consent to the sale of real property on which it holds a mortgage lien and to declare it due unless the purchaser agrees to pay an increased rate of interest on the unpaid balance of the mortgage. No appellate authority in New York on this subject has come to our attention; but in several other States the problem has been presented, with divergent results. Because of the special facts in this case we do not need to explore all the ramifications of this subject, but we shall advert to some of…
2Cases cited7 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- 67 Wall Street Co. v. Franklin National BankNew York Court of Appeals · 1975
- Tucker v. Pulaski Federal Savings & Loan AssociationSupreme Court of Arkansas · 1972
- Nichols v. Ann Arbor Federal Savings & Loan Ass'nMichigan Court of Appeals · 1977
- Stith v. Hudson City Savings InstitutionNew York Supreme Court · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Snow v. Western Savings & Loan Ass'nArizona Supreme Court · 1987
- Holiday Acres No. 3 v. Midwest Federal Savings & Loan Ass'nSupreme Court of Minnesota · 1981
- Williams v. First Federal Savings & Loan Ass'n of ArlingtonCourt of Appeals for the Fourth Circuit · 1981
- Wachta v. First Federal Savings & Loan Ass'nAppellate Court of Illinois · 1981
- Lipps v. First American Service Corp.Supreme Court of Virginia · 1982
18 more not listed; retrieve them via the Exa API.