Moir v. Flood
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily H. Moir, as surviving trustee of Johannah S. Seymour under a deed of trust, 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 11th day of October,.1901, relieving Adolph Cohn, the purchaser at a sale of real property under a judgment of foreclosure in. the action, from completing his purchase.
1Opinion of the Court
McLaughlin, J.:
This action was brought for the foreclosure of a mortgage upon certain real estate in the city of Hew York. It proceeded to judgment, and in pursuance thereof, on the 22d of August, 1901, the premises were sold at public auction to one Bendheim, who then paid ten per cent of the purchase money and signed terms of sale, *546which', among other things, fixed the ninth of September following as the time for. the final completion of the purchase. Intermediate the sale and on the ninth of September, Béridheim assigned his bid with the consent of the referee to the respondent Cohn. On…
2Cases cited3 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Angel v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- Barr v. BenzingerAppellate Division of the Supreme Court of the State of New York · 1898
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- Ferrara v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1919