Rowley v. Feldman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Horace T. Rowley, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of May, 1902, denying the plaintiff’s motion to punish the respondent for contempt of court for his refusal to comply with an order theretofore made herein, bearing date the 24th day of March, 1902, and entered in said clerk’s office, directing him to pay the referee herein a certain…
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Appeal by the plaintiff, Horace T. Rowley, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 14th day of May, 1902, denying the plaintiff’s motion to punish the respondent for contempt of court for his refusal to comply with an order theretofore made herein, bearing date the 24th day of March, 1902, and entered in said clerk’s office, directing him to pay the referee herein a certain sum of money which represented the difference between the amount of a bid made by him upon a foreclosure sale, which bid…
1Opinion of the Court
Laughlin, J.:
This matter has frequently been before the court, and the facts are fully stated in the published opinions. (Rowley v. Feldman, 66 App. Div. 463; S. C., 74 id. 492; affd., 173 N. Y. 607.) It is not necessary that we should more than state the proposition involved, and, briefly, the facts upon which its determination depends. The Special Term denied the motion to punish the respondent for contempt, upon the ground that the plaintiff may issue execution to recover the money which the respondent is required to pay by the order.
*402This.is a foreclosure action. The respondent purchased…
2Cases cited14 opinions
- Camden v. MayhewSupreme Court of the United States · 1889
- Requa v. ReaNew York Court of Chancery · 1831
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
- Devlin v. . HinmanNew York Court of Appeals · 1899
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3Cited by2 opinions
- Rife v. SwansonNebraska Supreme Court · 1923
- State Bank v. WilchinskyNew York Supreme Court · 1909