Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Graf v. Hope Building Corp.

Court of Appeals of New York
171 N.E. 884 (1930)


Hope Building Corporation (Hope) (defendant) owned a property subject to a mortgage held by Joseph Graf. The mortgage contained an acceleration clause stating the entire debt would come due after 20 days of default. Hope’s secretary incorrectly calculated the interest due on one of Hope’s payments. Hope’s president signed a check for an incorrect amount and then left the country on an extended vacation. Hope’s payment was short as a result of the mathematical error. When Hope failed to pay the balance within 20 days, the executors of Graf’s estate (plaintiffs) commenced foreclosure proceedings. There was no one available to sign a check for Hope while the president was out of the country. The trial court dismissed the complaint, and the appellate court affirmed. The executors of Graf’s estate appealed.

Rule of Law


Holding and Reasoning (O’Brien, J.)

Dissent (Cardozo, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial