Vose v. Holcomb

How courts have described this case

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

• noting that acceleration can be abandoned and has the effect of restoring the contract to its original condition, including restoring the note’s original maturity date
• addressing whether the note holder had abandoned its prior acceleration—which had been accomplished through an acceleration letter—by continuing to accept payments on the note at a later date
• addressing whether the note holder had abandoned its prior acceleration — which had been accomplished through an acceleration letter — by continuing to accept payments on the note at a later date
• finding abandonment “has the effect of restoring” the note’s original maturity date
• “The public policy concerning judicial admissions is that it would be unjust to permit a party to recover after he has sworn himself out of court by a clear, unequivocal statement.”
• debtor and Bank of Texas entered into an agreed order that the bank would not proceed with foreclosure provided that the debtor made monthly payments on the debt

Source: CourtListener parenthetical corpus (CC0).