Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Virginia opinions name it 4 courts 1919–2025 1 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Devany v. Colgingreen2 sentences2025See Code § 6.2-401(A) (“Any note or other contract evidencing an installment loan or other installment sales obligation with add-on interest may provide that the entire unpaid loan balance, at the option of the holder, shall become due and payable upon default in payment of any installment without impairing the negotiability of the note.”); Code § 6.2-1614(5) (prohibiting an acceleration clause that “permit[s] the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal”); Devany v. Colgin, 163 Va. 848, 850 (1935) 1942Devany v. Colgin, 163 Va. 848 , 178 S. E. 15 . | 1 | 2 |
Snyder v. Exumgreen2 sentences1990In Snyder v. Exum, 227 Va. 373 , 315 S.E.2d 216 (1984), the court had to determine if a rent acceleration clause was mandatory or optional, and if mandatory, whether that clause required the lessor to institute suit to collect all the rent in one proceeding. 3 The acceleration clause in Snyder is legally identical with that contained in the instant cases. 1990In Snyder v. Exum, 227 Va. 373 , 315 S.E.2d 216 (1984), the court had to determine if a rent acceleration clause was mandatory or optional, and if mandatory, whether that clause required the lessor to institute suit to collect all the rent in one proceeding. 3 The acceleration clause in Snyder is legally identical with that contained in the instant cases. | 1 | 2 |
Teachers' Retirement System v. American Title Guaranty Corp.green1 sentence2025Corp., 38 Va. Cir. 316, 316-18 (Fairfax 1996) (“Where a landlord of commercial property may mitigate his damages by re-letting the property, but the tenant is contractually bound to pay future rents regardless of whether the property is re-let, the acceleration clause potentially requires payment grossly in excess of actual damages.”). | 1 | 1 |
Nickels v. People's Building, Loan & Saving Ass'ngreen1 sentence2025See Code § 6.2-401(A) (“Any note or other contract evidencing an installment loan or other installment sales obligation with add-on interest may provide that the entire unpaid loan balance, at the option of the holder, shall become due and payable upon default in payment of any installment without impairing the negotiability of the note.”); Code § 6.2-1614(5) (prohibiting an acceleration clause that “permit[s] the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal”); Devany v. Colgin, 163 Va. 848, 850 (1935) | 1 | 1 |
Fant v. Thomasgreen1 sentence2025See Code § 6.2-401(A) (“Any note or other contract evidencing an installment loan or other installment sales obligation with add-on interest may provide that the entire unpaid loan balance, at the option of the holder, shall become due and payable upon default in payment of any installment without impairing the negotiability of the note.”); Code § 6.2-1614(5) (prohibiting an acceleration clause that “permit[s] the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal”); Devany v. Colgin, 163 Va. 848, 850 (1935) | 1 | 1 |
Boots, Inc. v. Prempal Singhgreen1 sentence2025See Code § 6.2-401(A) (“Any note or other contract evidencing an installment loan or other installment sales obligation with add-on interest may provide that the entire unpaid loan balance, at the option of the holder, shall become due and payable upon default in payment of any installment without impairing the negotiability of the note.”); Code § 6.2-1614(5) (prohibiting an acceleration clause that “permit[s] the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal”); Devany v. Colgin, 163 Va. 848, 850 (1935) | 1 | 1 |
Belnord Realty Co. v. Levisongreen2 sentences1984See Belnord Realty Co. v. Levison, 204 A.D. 415, 418 , 198 N.Y.S. 184, 186 (1923). 1984See Belnord Realty Co. v. Levison, 204 A.D. 415, 418 , 198 N.Y.S. 184, 186 (1923). | 1 | 1 |
White v. Commonwealthgreen2 sentences1982In White v. Commonwealth, 158 Va. 749, 757 , 164 S.E. 375, 377 (1932), we quoted Stonega Coal & Coke Co. v. Louisville & N.R.Co., 106 Va. 223 , 55 S.E. 551 (1906), stating our general view in construing written contracts: While the court, in construing a contract, may take into view the circumstances under which it was made, yet when a breach of it is averred its language must determine to what the parties to it bound themselves. 1982In White v. Commonwealth, 158 Va. 749, 757 , 164 S.E. 375, 377 (1932), we quoted Stonega Coal & Coke Co. v. Louisville & N.R.Co., 106 Va. 223 , 55 S.E. 551 (1906), stating our general view in construing written contracts: While the court, in construing a contract, may take into view the circumstances under which it was made, yet when a breach of it is averred its language must determine to what the parties to it bound themselves. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
O'BRIAN v. Langley School
green
1 sentence2025See Code § 6.2-401(A) (“Any note or other contract evidencing an installment loan or other installment sales obligation with add-on interest may provide that the entire unpaid loan balance, at the option of the holder, shall become due and payable upon default in payment of any installment without impairing the negotiability of the note.”); Code § 6.2-1614(5) (prohibiting an acceleration clause that “permit[s] the unpaid balance of a mortgage loan to be declared due for any reason other than failing to make timely payments of interest and principal”); Devany v. Colgin, 163 Va. 848, 850 (1935) | 1 | 2025–2025 |
Lerner v. Gudelsky Co.
green
2 sentences1988Lerner v. The Gudelsky Co., 230 Va. 124 , 334 S.E.2d 579 (1985), clearly requires contractual conditions precedent to be met in order for liability to attach. 1988Lerner v. The Gudelsky Co., 230 Va. 124 , 334 S.E.2d 579 (1985), clearly requires contractual conditions precedent to be met in order for liability to attach. | 1 | 1988–1988 |
cluster 391375
green
1 sentence1982As indicated in Williams v. First Federal, 651 F.2d at 923-24 , if this be a restraint on alienation, it is one validated by Virginia law as an inescapable conclusion from this statutory enactment. *139 Borrowers and Purchaser would have us read into the acceleration clause a proviso that in the event of a sale or transfer the acceleration clause would not be operative unless the transfer or sale would impair the security of the lender or otherwise increase its risk. | 1 | 1982–1982 |
Crockett v. FIRST FEDERAL S. & L. ASS'N, ETC.
green
2 sentences1982The Supreme Court of North Carolina faced this identical problem in Crockett v. First Federal Savings, etc., 289 N.C. 620 , 625-26, 224 S.E.2d 580 , 584 (1976), and said: One factor that significantly affects the nature of this acceleration clause so far as the restraints doctrine is concerned is the fact that the creditor’s right to accelerate arises only when the realty is alienated. 1982The Supreme Court of North Carolina faced this identical problem in Crockett v. First Federal Savings, etc., 289 N.C. 620 , 625-26, 224 S.E.2d 580 , 584 (1976), and said: One factor that significantly affects the nature of this acceleration clause so far as the restraints doctrine is concerned is the fact that the creditor’s right to accelerate arises only when the realty is alienated. | 1 | 1982–1982 |
Stonega Coal & Coke Co. v. Louisville & Nashville Railroad
green
2 sentences1982In White v. Commonwealth, 158 Va. 749, 757 , 164 S.E. 375, 377 (1932), we quoted Stonega Coal & Coke Co. v. Louisville & N.R.Co., 106 Va. 223 , 55 S.E. 551 (1906), stating our general view in construing written contracts: While the court, in construing a contract, may take into view the circumstances under which it was made, yet when a breach of it is averred its language must determine to what the parties to it bound themselves. 1982In White v. Commonwealth, 158 Va. 749, 757 , 164 S.E. 375, 377 (1932), we quoted Stonega Coal & Coke Co. v. Louisville & N.R.Co., 106 Va. 223 , 55 S.E. 551 (1906), stating our general view in construing written contracts: While the court, in construing a contract, may take into view the circumstances under which it was made, yet when a breach of it is averred its language must determine to what the parties to it bound themselves. | 1 | 1982–1982 |
Rench v. Rench
green
1 sentence1921In Rench v. Rench, 184 Iowa 1372 , 169 N. W. 667 , there was a devise to the wife for life, remainder at the death of the wife to his daughter “if living, or to her issue, if any, if she be dead; and if she be dead'without issue” then to a nephew. | 1 | 1921–1921 |
Slocum v. Hagaman
green
1 sentence1919And when it is the evident intention of the testator that the remainder should not take effect till the expiration of the life of the prior donee, the remainder will not be accelerated.” Three of the eight judges sitting in this case dissented, but the conclusion of the majority of the court seems to be approved in Slocum v. Hagaman, 196 Ill., 533 , 539, 52 N. E. 332 . | 1 | 1919–1919 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.