Goldsmith v. Osborne
New York Court of Chancery
On the twentieth day of October one thousand eight hun-' ¿[:rod and eighteen the plaintiff gave his note to one Benjamin Case for two hundred and fifty dollars, under seal, payable on demand, with interest; and, to secure the payment, he, at the same time, mortgaged to the said Benjamin Case certain premises at Southold in the county of Suffolk. The mortgage contained the usual power of sale.
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On the twentieth day of October one thousand eight hun-' ¿[:rod and eighteen the plaintiff gave his note to one Benjamin Case for two hundred and fifty dollars, under seal, payable on demand, with interest; and, to secure the payment, he, at the same time, mortgaged to the said Benjamin Case certain premises at Southold in the county of Suffolk. The mortgage contained the usual power of sale. Abigail, the wife of the complainant, joined in the mortgage and duly acknowledged it and, it was afterwards recorded. On the same day the complainant gave a similar note for two hundred and.twenty-two…
1Opinion of the Court
Tee Vice-Chancellor.
The question whether the defendant could sell the mortgaged premises under the power contained in the mortgage, with a reservation of the dower of the mortgagor’s wife in case she survived him, is not material to be settled at present.
There are other circumstances connected with the sale which would be sufficient to invalidate it. I refer to the defendant’s conditions of sale; and his refusal to vary them. He required payment and performance of the purchase within an hour’s time after the sale ; and also, that such payment should be made in specie. The remonstrances of…
2Cited by8 opinions
- Garland v. WatsonSupreme Court of Alabama · 1883
- Kopper v. DyerSupreme Court of Vermont · 1887
- Emerson v. AtkinsonMassachusetts Supreme Judicial Court · 1893
- Goldberg v. Feltman's of Coney Island, Inc.New York Supreme Court · 1954
- Jones v. PorterTexas Supreme Court · 1867
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