Campbell v. Parker
New Jersey Court of Chancery
Heard on petition, answer and proofs. The petitioner, Edward Sr Campbell, is the receiver appointed by this court of the Middlesex County Bank, an insolvent corporation, and as such advertised for sale, at public auction, on the 23d of September, 1899, a piece of real estate belonging to said bank, in the city of Perth Amboy.
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Heard on petition, answer and proofs. The petitioner, Edward Sr Campbell, is the receiver appointed by this court of the Middlesex County Bank, an insolvent corporation, and as such advertised for sale, at public auction, on the 23d of September, 1899, a piece of real estate belonging to said bank, in the city of Perth Amboy. Written conditions were used at the'sale providing for the payment of a percentage of ten per cent.,-and the signature of a memorandum of purchase by the purchaser, and for paying or securing the balance after the sale should be confirmed by the chancellor. On that day—…
1Opinion of the Court
Pitney, V. C.
The questions presented by the record in this case have been argued with great ability and a complete exhaustion of the learning applicable thereto.
The principal grounds relied upon by the petitioner are:
First. That this was a judicial sale, in which the doctrine of caveat emptor measurably applies, and is brought within the reasoning and decision of the case of Boorum v. Tucker, 6 Dick. Ch. Rep. 135, which was affirmed, sub nom. Hartshorne v. Boorum, by the court of errors and appeals, in 7 Dick. Ch. Rep. 587, for the reasons given in the court below.
Second. Failing in that…
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