Miller v. Collyer
New York Supreme Court
APPEAL from a judgment entered upon the report of a reft rec. The nature of the action, together with the facts as bund by the referee, are fully stated in the opinion of the c urt. The referee reported that there was nothing due from the defendant to the plaintiff; and judgment was entered upon the report, in favor of the defendant, for his costs. The plaintiff appealed.
1Opinion of the Court
By the Court,
Emott, J.
The agreement upon which this action was brought, was a paper signed by the defendant in becoming a purchaser at a sale by the sheriff of Westchester county, under a judgment of this court in an action for the foreclosure of a mortgage. It was a memorandum at the foot of the conditions of the sale made by the sheriff, stating that the defendant had purchased at a certain price, and that he agreed to comply with the conditions. These conditions provided that twenty per cent of the purchase money should be paid at the time of the sale, which was on the 26th of February,…
2Cases cited4 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Yates v. JoyceNew York Supreme Court · 1814
- Barker v. MathewsCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wood v. MannU.S. Circuit Court for the District of Massachusetts · 1838
3Cited by24 opinions
- Stokes v. . Hoffman House of New YorkNew York Court of Appeals · 1901
- Burton v. LinnAppellate Division of the Supreme Court of the State of New York · 1897
- Archer v. . ArcherNew York Court of Appeals · 1898
- Goodwin v. . SimonsonNew York Court of Appeals · 1878
- Anthon v. BachelorNew York Supreme Court · 1889
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