King v. . Platt
New York Court of Appeals
Tiie action was brought- in February, 1861, to compel the specific performance by Nathan 0. Platt, the original Defendant, since deceased, and now represented in the action by the present Defendants, of an agreement to purchase real estate in the city of New York, which agreement was made September 6, 1860. The Defendant not having, complied with the terms of the agreement, for the alleged reason that outstanding judgments unsatisfied existed as a lien upon the property, and…
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Tiie action was brought- in February, 1861, to compel the specific performance by Nathan 0. Platt, the original Defendant, since deceased, and now represented in the action by the present Defendants, of an agreement to purchase real estate in the city of New York, which agreement was made September 6, 1860. The Defendant not having, complied with the terms of the agreement, for the alleged reason that outstanding judgments unsatisfied existed as a lien upon the property, and not having answered the complaint, judgment was entered in favor of the Plaintiffs on the 15th of March, 1862. By this…
1Opinion of the CourtFuilbRtom-, J.
The sale of the Defendant’s property was not void because it took place on the day of the charter election in the city of New York.
*21Tlie statute provides that no Court sliall be opened, or transact any business in any city or town, on the day of elections, for other than town or militia officers (1 R. S., 5th ed., p. 418, §§ 4 & 5).
A judicial sale, although conducted by one of the officers of the-Court, and under its direction, is not the business of a Gourt, within the meaning of this statute. The object of the law Tefer- ‘ red to, undoubtedly,- was to remove all obstacles which might…
2Cases cited2 opinions
- Waring v. MasonNew York Supreme Court · 1837
- Kortright v. CadyNew York Supreme Court · 1857