Astor v. Romayne
New York Court of Chancery
MOTION, on the part of the defendant, to postpone the master’s sale of mortgaged premises on affidavit of the defendant, Romayne, stating that the bill was filed in March, 1811, that in the latter part of the year 1812, the defendant agreed to relinquish all opposition to the suit, and to give the plaintiff a decree, by consent, for $38,595 75, provided he would wait until the 1st day of September, 1814, for payment; and a decree was entered in pursuance of that agreement.
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MOTION, on the part of the defendant, to postpone the master’s sale of mortgaged premises on affidavit of the defendant, Romayne, stating that the bill was filed in March, 1811, that in the latter part of the year 1812, the defendant agreed to relinquish all opposition to the suit, and to give the plaintiff a decree, by consent, for $38,595 75, provided he would wait until the 1st day of September, 1814, for payment; and a decree was entered in pursuance of that agreement. That the agreement was made under the firm persuasion that the war would have speedily ceased, and that if the defendant…
1Opinion of the Court
The Chancellor.
The existence of the war, as a general calamity, will not justify courts in interfering to interrupt the regular administration of justice, and the collection of debts. The only plausible ground of the motion is special state of the city of New-Yoi k, in which the property is situated, and the sale to be made. If there were sufficient evidence of the existence of any immediate calamiv ty, present, or impending over the city, such as invasion by the enemy, or extreme sickness, which would suspend all civil business, the court ought to interfere and postpone the sale. But such a…
2Cited by4 opinions
- Thomas v. San Diego College Co.California Supreme Court · 1896
- Wodehouse v. Hawaiian Trust Co.Hawaii Supreme Court · 1933
- Thomas v. San Diego College Co.California Supreme Court · 1896
- Wayne Iron Ore Co. v. Ontario Mineral Co.New York Supreme Court · 1917