Aldrich v. Reynolds
New York Court of Chancery
This case came before the chancellor on exceptions to the master’s report upon a reference to ascertain the amount of damages sustained by the defendant by reason of an injunction.
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This case came before the chancellor on exceptions to the master’s report upon a reference to ascertain the amount of damages sustained by the defendant by reason of an injunction. The defendant held a bond and mortgage upon a farm in the possession of the complainant, and advertised the mortgaged premises for sale under a statute foreclosure; which sale was to have taken place on the 5th of June. 1845. Previous to that time, the complainant obtained an injunction staying the sale,. And to obtain such injunction, he gave a bond with sureties, pursuant to the directions of the 31st rule of the…
1Opinion of the Court
The Chancellor.
The testimony, as reported by the master, shows that if the purchaser under a statute foreclosure is entitled to the crops which are growing upon the mortgaged premises at the time of the sale, the premises would have sold, on the 5th of June, for $90,30 more than they brought in September; and would have produced just about the amount of the mortgage with the interest thereon, and the costs of foreclosure. The defendant therefore lost, not only the difference between what the lot would have brought in June, and that for which it was actually sold, after the injunction had…
2Cases cited1 opinion
- Lane v. KingNew York Supreme Court · 1832
3Cited by21 opinions
- Lawton v. . GreenNew York Court of Appeals · 1876
- Batterman v. . AlbrightNew York Court of Appeals · 1890
- Bedell Co. v. HarrisAppellate Division of the Supreme Court of the State of New York · 1930
- Gardner v. FinleyNew York Supreme Court · 1855
- Holthaus v. HartMissouri Court of Appeals · 1880
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