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Isaacs v. Baldwin

Isaacs v. Baldwin, 105 N.Y.S. 38 (N.Y. Sup. Ct. 1906)
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Court
New York Supreme Court · State Trial Courts
Decided
April 11, 1906
Judges
Gorman
Citations
105 N.Y.S. 38
Headnotes
L Mortgages—Nonpayment of Interest—Right to Claim Forfeiture. Equity will not permit the mortgagee or his assignee to take an unconscionable advantage of the mortgagor, who is willing and able to pay interest at the prescribed time, but without fault on his own part is unable to find the mortgagee after making every reasonable effort to do so; and in such a case the mortgagee’s assignee, not having given the mortgagor notice of the assignment and of his residence, or where payment could be made, could not enforce a forfeiture. [Ed. Note.—For cases in point, see Cent Dig. vol. 35, Mortgages, § 1163.]
Summary
Action by one Isaacs against one Baldwin. Complaint dismissed. Order affirmed, 100 N. Y. Supp. 1122.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Gorman

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O’GORMAN, J.

A court .of equity will not permit the mortgagee or his assignee to take an unconscionable advantage of the mortgagor, who is willing and able to' pay the interest at the prescribed time, but without fault on his qwn part is unable to find the mortgagee, although he makes every reasonable effort to do so. In such a case there can be no valid election to declare the principal due. Schieck v. Donohue, 92 App. Div. 330 , 87 N. Y. Supp. 206 . In that case the court said:

“If the holder of the mortgage intended to take advantage of the neglect of the mortgagor to pay the interest, it was his duty, as an honest man, to have given notice of the assignment and of his residence, or the place where the payment could be made,”

This the plaintiffs did not do, and they will not be allowed to claim a forfeiture. The interest has been tendered, and the tender has been kept good by payment into court.

Complaint dismissed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Strange v. Rosenberg101 Misc. 618 (N.Y. Sup. Ct. 1917)

Most recent

  1. Strange v. Rosenberg101 Misc. 618 (N.Y. Sup. Ct. 1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Schieck v. Donohue, 92 A.D. 330 (1904) 7

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