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EQUITY CAPITAL COMPANY v. 601 WEST 26 CORP.

No. 64-109.

166 So.2d 769 (1964)

EQUITY CAPITAL COMPANY, a Minnesota corporation, Appellant, v. 601 WEST 26 CORP., a/k/a 601 West 26 Corporation, a New York corporation authorized to do business in the State of Florida, and Trunk Corp., a/k/a Trunk Corporation, a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

July 7, 1964.

Attorney(s) appearing for the Case

George J. Baya, Abe Schonfeld and Bennett G. Feldman, Miami, for appellant.

Sponder & Bloom, North Miami, Fla., for appellees.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.

HENDRY, Judge.

Plaintiff-appellant, as mortgagee, commenced proceedings against defendants-appellees, mortgagors, to foreclose two mortgages, one for $155,000 and the second for $125,000.

The mortgages contained provisions for the entire debt to become due upon the failure to make a single payment. Appellees failed to make payment, and appellant exercised its option to accelerate the due date of the note, and instituted suit to foreclose. Appellees admitted...

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