Miller v. . Tyler
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion to vacate an order amending the judgment herein. This was an action to foreclose a mortgage given prior to the passage of the legal tender act. In June, 1867, the plaintiffs recovered judgment therein in the usual form, for the foreclosure of the mortgage and a sale of the mortgaged premises.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion to vacate an order amending the judgment herein. This was an action to foreclose a mortgage given prior to the passage of the legal tender act. In June, 1867, the plaintiffs recovered judgment therein in the usual form, for the foreclosure of the mortgage and a sale of the mortgaged premises. In June, 1870, upon the application of the plaintiffs and notice to the defendants who had appeared in the action, the judgment was, by order of the court,…
1Opinion of the CourtAllen, J.
' The effect of the motion, if granted, would have been merely so to change a transaction consummated between the parties as to convert what was supposed and intended to be the voluntary payment of a debt, in one of the two recognized and legal currencies of the country, into a sale of ■ gold by. the debtor to the creditor, and make the latter a purchaser of coin at a premium without his consent and against his will. Whether any court can so vary the contracts and relations of individuals need not be considered. It must be an extreme case to justify it, even if the jurisdiction and power be…
2Cited by12 opinions
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- Keller v. FeldmannNew York Court of Common Pleas · 1893
- Park Hill Co. v. HerriotAppellate Division of the Supreme Court of the State of New York · 1899
- McKee v. McKeeNew York Supreme Court · 1943
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