Legal Opinion

King v. Platt

New York Court of Appeals

Decided March 15, 1867PublishedCited by 2 opinions

Charles King, Edward J. King and Sylvester Brush, sued Nathan 0. Platt, in the supreme court, to compel the specific performance by the defendant of an agreement to purchase real estate in New York.

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Charles King, Edward J. King and Sylvester Brush, sued Nathan 0. Platt, in the supreme court, to compel the specific performance by the defendant of an agreement to purchase real estate in New York. The purchase price was seventy-five thousand dollars, and the time fixed for the performance was October 6, 1860. It resulted in a judgment in favor of the plaintiffs, which was entered on March 15, 1862. This judgment adjudged the balance of the purchase money unpaid, with interest, to be seventy-eight thousand» four hundred and twelve dollars and sixty cents, and directed the defendant to…

1Opinion of the Court

*530By the Court.

Bockes, J.

The motion at special term was to set aside a judicial sale, made under a judgment of foreclosure.

The motion was denied. On appeal to the general term, the order was affirmed, xin appeal was then taken to this court from the order of affirmance.

The motion now is to dismiss the appeal, as I understand it, on two grounds: 1. That the order is not appealable, because not falling under any of the subdivisions of section 11; and 2. Because the granting or refusing of the order was in the discretion of the court below.

I think the order comes within the purview of subdivision…

2Cases cited4 opinions

  1. Tiernan v. WilsonNew York Court of Chancery · 1822
  2. Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
  3. Bank of Geneva v. . ReynoldsNew York Court of Appeals · 1865
  4. Wakeman v. . PriceNew York Court of Appeals · 1850

3Cited by2 opinions

  1. Tracy v. . First National Bank of SelmaNew York Court of Appeals · 1868
  2. Jarvis v. HamiltonWisconsin Supreme Court · 1875

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