Kilpatrick v. Germania Life Insurance

Van Brunt, P. J. (dissenting):

I dissent. The defendant had elected, as it had a right to do, that the mortgage should become due. Having thus elected and the mortgage having become due, the plaintiff had the right to pay the mortgage, and he having negotiated a new mortgage and the defendant by demanding payment of the $1,000 before he could get rid of the old mortgage, coerced him into paying the same.