Legal Opinion

Palmatier v. Catskill Mountain Railway Co.

New York Supreme Court

Decided February 15, 1918Published

Motion to tax costs and expenses of a resale of mortgaged premises and to determine as to their payment.

1Opinion of the CourtChester, J.

The mortgaged premises directed by the judgment herein to be sold were put up for sale pursuant to the judgment ■ on April 17, 1916. They were struck off to James P. Philip as the highest bidder for $28,000. Upon being so struck off, Philip signed a memorandum of his purchase and paid to the referee ten per cent of the purchase price as required by the terms of sale. Such terms required the residue of the purchase price to be paid to the referee at his office on the 25th day of April, 1916. The terms of sale contained the usual provision that the bidding would be kept open after the premises…

2Cases cited3 opinions

  1. Hosmer v. GanoNew York Court of Common Pleas · 1895
  2. In re PhilipNew York Supreme Court · 1916
  3. Matter of PhilipNew York Court of Appeals · 1917

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