Culver v. Burgher
New York Supreme Court
THIS was an appeal, by the defendant, from a judgment rendered upon a trial before the court without a jury. The action was upon a note, or due bill, for $500, executed by the defendant to the plaintiff, dated January 2, 1854. The note was given upon a mortgage foreclosure sale, made by the attorneys of the plaintiff, for a part of the consideration money bid by the defendant, upon such sale.
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THIS was an appeal, by the defendant, from a judgment rendered upon a trial before the court without a jury. The action was upon a note, or due bill, for $500, executed by the defendant to the plaintiff, dated January 2, 1854. The note was given upon a mortgage foreclosure sale, made by the attorneys of the plaintiff, for a part of the consideration money bid by the defendant, upon such sale. The attorneys of the plaintiff, at the time they took the note, executed to the defendant a writing which stated “ that Burgher has this day purchased on a mortgage sale by virtue of a mortgage executed…
1Opinion of the Court
By the Court, Marvin, J.
At the mortgage sale the defendant bid $600 for the premises: he paid in cash, at the time, $100, and gave his due-bill, payable to the owner of the mortgage, the plaintiff, for $500, the balance of his bid. And the attorneys of the plaintiff executed to him a writing, reciting the facts, and declaring that “ he [the plaintiff] is to have a title on the payment of the said note.” We have here the agreement upon which the note was given. No question is made as to the authority of the plaintiff’s attorneys to enter into the contract. Nor can any be made in this action,…
2Cases cited2 opinions
- Williams v. HealeyNew York Supreme Court · 1846
- Hardin v. KretsingerNew York Supreme Court · 1820
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