Anthon v. Bachelor
New York Supreme Court
This was an action to foreclose a mortgage. At the sale on March 20, I88S, one George E. Johnson bid in the premises at $45,000, in the name of Thomas P. Meyer, signed Meyer’s name to the terms of sale, and paid $1,000 deposit, as required by the terms of sale.
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This was an action to foreclose a mortgage. At the sale on March 20, I88S, one George E. Johnson bid in the premises at $45,000, in the name of Thomas P. Meyer, signed Meyer’s name to the terms of sale, and paid $1,000 deposit, as required by the terms of sale. The balance of the purchase money was payable on April 19th, but Johnson procured an adjournment to May 1st. On that day he went before the referee who had made the sale,' and, as the representative of Meyer, refused to complete the contract. The referee reported this fact, and that he was informed and believe Meyer to be an…
1Opinion of the CourtO’Brien, J.
Apart from the question as to whether Johnson was or was not the real purchaser, the motion to compel him to pay the difference between the price realized on the second sale and that bid on the first, must, upon the law, be denied. As stated in Goodwin v. Simonson, 74 N. Y. 136: “A purchaser at a foreclosure sale may be compelled to complete his purchase, or may be discharged and a resale ordered. The plaintiff ha.d an election either to proceed against the purchaser for a contempt, or to apply for a resale.” As the court granted a resale, the purchaser was discharged from liability to make…
2Cases cited4 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Miller v. CollyerNew York Supreme Court · 1862
- Goodwin v. . SimonsonNew York Court of Appeals · 1878
- Home Insurance v. JonesNew York Supreme Court · 1873
3Cited by7 opinions
- Ray v. AdamsAppellate Division of the Supreme Court of the State of New York · 1899
- Taylor v. FolsomCourt of Appeals for the Second Circuit · 1936
- Egan v. BuellesbachAppellate Division of the Supreme Court of the State of New York · 1906
- In re PhilipNew York Supreme Court · 1916
- Ray v. AdamsNew York Supreme Court · 1899
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