Crane v. Robinson
Appellate Terms of the Supreme Court of New York
.. Appeal by the plaintiff from a judgment of the justice of the Seventh District Court in favor of the defendant for costs. The action is by a referee appointed by the Supreme Court, to sell premises, under decree of foreclosure, against the as: signee of the bidder, to whom the premises were struck down at public auction.
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.. Appeal by the plaintiff from a judgment of the justice of the Seventh District Court in favor of the defendant for costs. The action is by a referee appointed by the Supreme Court, to sell premises, under decree of foreclosure, against the as: signee of the bidder, to whom the premises were struck down at public auction. It was brought to recover the sum of' $162.35, which she claimed the right to deduct from the amount of the bid and to retain for taxes under the terms of the decree.- The sale was had on June 17, 1895. The referee’s deed was not delivered until September, 1895, after the…
1Opinion of the CourtDaly, P. J.
The dismissal of this action, by the justice was proper, because no action at law will lie by a referee appointed by the court to sell property under foreclosure, against the purchaser, or his assignee, who either fails to complete hi's purchase, or fails to pay the consideration, or any part of it, on the delivery of the referee’s deed. The remedy of the referee is by motion to the court in the original action in which the sale has been had, to whose jurisdiction the purchaser and his assignee submit themselves with respect- to all matters connected with the sale. The purchaser or the…
2Cases cited3 opinions
- Miller v. CollyerNew York Supreme Court · 1862
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- Willets v. Van AlstNew York Supreme Court · 1864
3Cited by1 opinion
- Wagner v. Volkian Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1918