McCarty v. Downes
Appellate Division of the Supreme Court of the State of New York
Appeal by the purchaser, Joseph B. Weed, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of February, 1914, directing the purchaser to complete his purchase.
1Opinion of the Court
Clarke, J.:
This action was to foreclose a mortgage upon 114 West Seventy-sixth street. Judgment for foreclosure and sale was duly entered September 23, 1913. The premises were sold by a referee under the usual terms of sale to Joseph B. Weed for $1,350, the highest bid above the amount of the first mortgage of $17,000. On the closing day the purchaser refused to accept the referee’s deed and pay the balance due. He refused to give specific reasons for his rejection, except to state that the title was bad and unmarketable and a title company had refused to insure it.
Thereafter a motion was…
2Cases cited4 opinions
- Clark v. ClarkNew York Court of Chancery · 1840
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Schoonmaker v. Van WyckNew York Supreme Court · 1860
- Storm v. . McGroverNew York Court of Appeals · 1907
3Cited by1 opinion
- Wiederhold v. KoehlerAppellate Division of the Supreme Court of the State of New York · 1916