Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

PAUL R. SCHEERER and FIDELITY UNION TRUST COMPANY, as trustees, et al.,complainants-respondents, v. LIPPMAN LOWY, INC., et al., defendants, andLENORE DAVIMOS, indi

There was no binding, enforceable agreement to reduce the interest rate on the mortgage debt in this case, because of lack of consideration.

PER CURIAM.

The single issue raised on this appeal is "the amount due on the mortgage." While the opinion goes further, the decree determined — and properly so — only the amount due thereon and the right to foreclose. See Montclair Savings Bank v. Sylvester, 122 N.J. Eq. 518. We are of the view that, for lack of consideration, there was no binding enforceable agreement to reduce the rate of interest on the mortgage debt; and the decree is accordingly affirmed, for the reasons expressed on this issue in the opinion of Vice-Chancellor Berry.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, CASE, BODINE, DONGES, HEHER, PERSKIE, PORTER, HETFIELD, DEAR, WELLS, WOLFSKEIL, RAFFERTY, WALKER, JJ. 15.

For reversal — None.

Use AI to get other relevant cases.

Comments

SCHEERER v. LIPPMAN LOWY, INC
(Feb 6, 1939)