People v. New York Building-Loan Banking Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1906, which affirmed an order of Special Term granting a motion that the appellants herein be relieved from their purchase of certain real property and that the amount of a deposit made by them he returned, but refusing to allow interest on such deposit, or an allowance for the expense of examination of the title and of the" application herein.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 20, 1906, which affirmed an order of Special Term granting a motion that the appellants herein be relieved from their purchase of certain real property and that the amount of a deposit made by them he returned, but refusing to allow interest on such deposit, or an allowance for the expense of examination of the title and of the" application herein. The facts, so far as material, are stated in the opinion. The offer to purchase made by the petitioners became a contract of purchase…
1Opinion of the Court
Haight. J.
In an action prosecuted by the People of the state against the Flew York Building-Loan Banking Company one Charles M. Preston was, by a final judgment entered in that action, appointed permanent receiver of all of the property, real and personal, of that corporation. On the 18th day of Januai-y, 1906, he received the following from Guiseppe Seccafico and his wife: “ I hereby agree to purchase property situate and known as Mos. 336 and 338 Water street, Borough of Manhattan, City of Mew York, for the sum of Twenty thousand dollars, taking the same subject to outstanding mortgages…
2Cases cited9 opinions
- Fisher v. . HerseyNew York Court of Appeals · 1879
- Howell v. . MillsNew York Court of Appeals · 1873
- People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
- Parish v. . ParishNew York Court of Appeals · 1903
- Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.New York Court of Appeals · 1890
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