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· 3/20/1961

Jacobs v. Wirtz

Citations

  • 13 A.D.2d 585
  • 214 N.Y.S.2d 623
  • 1961 N.Y. App. Div. LEXIS 12032

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that acceleration clauses are quite common and are generally enforceable according to their terms
  • absent some element of fraud, exploitative overreaching or unconscionable conduct by the creditor, the court should enforce an acceleration clause
  • absent some element of fraud, exploitative overreaching or unconscionable conduct by the creditor, the court should enforce an acceleration clause
  • absent some element of fraud, exploitative overreaching or unconscionable conduct by the creditor, the court should enforce an acceleration clause
  • “Payment in accordance with contractual terms, in and of itself, does not constitute an injustice.”
  • “Acceleration clauses are quite common and are generally enforced according to their terms. It is only in rare cases that clauses will be denied enforcement under equitable principles.” (internal quotation marks .and citations omitted)

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.