Leslie v. Saratoga Brewing Co.
New York Supreme Court
A judgment of foreclosure and sal© was obtained in the above-entitled action, and pursuant to such judgment the premises were exposed for sale on. the 13th day of November, 1899. At that time, Daniel Gaffey, through his attorney, hid in such premises for the sum of $21,600, he being the highest bidder therefor.
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A judgment of foreclosure and sal© was obtained in the above-entitled action, and pursuant to such judgment the premises were exposed for sale on. the 13th day of November, 1899. At that time, Daniel Gaffey, through his attorney, hid in such premises for the sum of $21,600, he being the highest bidder therefor. After having hid in the same, the said Daniel Gaffey declined and refused to comply with the terms of the sale, whereupon and pursuant to such terms of sale, said premises were again exposed for sale by the referee, whereupon they were sold for the sum of $18,100. That thereafter, upon…
1Opinion of the CourtHerrick, J.
All questions as to regularity are waived by.the attorneys to these proceedings, and the sole and -only question submitted to me is, as to whether an order for the payment of the difference in the purchase price of property, under the circumstances above detailed, can he enforced against a defaulting purchaser by proceedings as for a contempt.
These proceedings, which deprive a person of his liberty and confine him to close custody, are dependent upon the statute regulating contempts, and such statute must he strictly construed in favor of the liberty of the citizen. They are intended to…
2Cases cited8 opinions
- Matter of Watson v. . NelsonNew York Court of Appeals · 1877
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
- Myers v. . BeckerNew York Court of Appeals · 1884
- In re HessNew York Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Walters v. ReinhoudtNew York Supreme Court · 1927
- Rowley v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1903
- Warren v. GarlippNew York Supreme Court · 1925