Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1909, which affirmed an order of Special Term denying a motion for an order directing the respondents herein to execute and deliver to the appellant a deed of certain property claimed to have been purchased on a foreclosure sale in the above-entitled action. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 25, 1909, which affirmed an order of Special Term denying a motion for an order directing the respondents herein to execute and deliver to the appellant a deed of certain property claimed to have been purchased on a foreclosure sale in the above-entitled action. The facts, so far as material, are stated in the opinion. The order appealed from is reviewáble here. (Archer v. Archer, 155 N. Y. 415; Wetmore v. Wetmore, 162 N. Y. 503; Wendt v. Walsh, 164 N. Y. 154.) The appeal…
1Opinion of the CourtHiscock, J.
The plaintiff was a trustee of and under a mortgage executed by the defendant to secure an issue of bonds, and on default brought this action and obtained a judgment of foreclosure and sale of the premises covered by the mortgage. On the sale one Bean, apparently as a representative of others, bid off the property and subsequently transferred his bid to the respondent Oneonta and Mohawlc Valley Bailroad Company, which had in the meantime been organized for the purpose of taking over the property. Said company defaulted in fulfillment of the purchase and a resale of the property was ordered.…
2Cases cited4 opinions
- Jewelers' Mercantile Agency v. RothschildNew York Court of Appeals · 1898
- People v. . American Loan Trust Co.New York Court of Appeals · 1896
- Merriam v. Wood & Parker Lithographing Co.New York Court of Appeals · 1898
- Wilbor v. . DanoldsNew York Court of Appeals · 1875
3Cited by7 opinions
- People v. DoranNew York Court of Appeals · 1927
- Gotthilf v. SillsSupreme Court of the United States · 1963
- Matter of Whitman. No. 2New York Court of Appeals · 1918
- Rudiger v. . ColemanNew York Court of Appeals · 1912
- Berney v. BrodieNew York Court of Appeals · 1971
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