Tripp v. Cook
New York Supreme Court
APPEAL from Chancery. This is an appeal from an order of the Chancellor, refusing to open a sale of mortgaged premises, and to order a re-sale. Tripp was the holder of a mortgage upon two lots of ground in the city of Albany, executed to him by Walter Cunningham, bearing date 21st September, 1836, given to secure the payment of $1,500, with the interest thereof, in three years.
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APPEAL from Chancery. This is an appeal from an order of the Chancellor, refusing to open a sale of mortgaged premises, and to order a re-sale. Tripp was the holder of a mortgage upon two lots of ground in the city of Albany, executed to him by Walter Cunningham, bearing date 21st September, 1836, given to secure the payment of $1,500, with the interest thereof, in three years. A few days after the date of the mortgage, he assigned the same, together with a bond executed by Cunningham as collateral security for the payment of the money, to Cook) the respondent, and guarantied the payment of…
1Opinion of the Court
On the case coming up for decision, Mr. Justice Cowen observed that, inasmuch as Tripp had suffered the bill to be taken against him as* confessed, he must be considered as having suffered a default, and therefore not entitled to prosecute an appeal within the decision of this court, in Rowley v. Van Benthuysen, 16 Wendell 369. Besides the application made by him was addressed to the mere discretion of the Chancellor, and he having seen fit under all the circumstances of the case to deny the application, it was not a proper case for review, as is also fully shown in the opinion delivered in…
2Cases cited3 opinions
- Hawley v. JamesCourt for the Trial of Impeachments and Correction of Errors · 1836
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Rowley v. Van BenthuysenCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by55 opinions
- Graffam v. BurgessSupreme Court of the United States · 1886
- Comstock v. . JohnsonNew York Court of Appeals · 1871
- Howell v. . MillsNew York Court of Appeals · 1873
- Matter of Superintendent of BanksNew York Court of Appeals · 1912
- Files v. BrownCourt of Appeals for the Eighth Circuit · 1903
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