Hidden v. Godfrey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Marion E. D. Van Dyke, from, so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 4th day of January, 1904, as denies said defendant’s " motion to vacate and set aside a judgment of foreclosure and sale theretofore entered in the action as well as the sale had thereunder.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mortgage for $80,000 -upon certain real estate in the city of New York. The defendant 'Van Dyke inteiposed an answer which was overruled upon the ground that it was frivolous, and a judgment of foreclosure was entered on the 17th of September, 1903. On the 14th of October, 1903, a sale was had in pursuance of the judgment and the premises purchased by one Corwin for $141,000 — ten per cent of the purchase price being paid to the referee at the time of the sale. Corwin thereafter refused to complete the purchase, he having been notified by…
2Cases cited2 opinions
- Hidden v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1903
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1903