Gould v. Gager
New York Supreme Court
Appeal by plaintiff and several purchasers, from an order of the Kings County Court directing a resale in five foreclosure actions. The plaintiff in all the actions was David H. Gould. The defendants in the first action were Edwin B. Gager, William P. Libby, and others; in the second, William A. Woodward, Libby, and others; in the third, Henry Mathews, Libby, and others; in the fourth, Alice C. Lawler, Libby, and others; in the fifth, Clement Kain, Libby, and others.
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Appeal by plaintiff and several purchasers, from an order of the Kings County Court directing a resale in five foreclosure actions. The plaintiff in all the actions was David H. Gould. The defendants in the first action were Edwin B. Gager, William P. Libby, and others; in the second, William A. Woodward, Libby, and others; in the third, Henry Mathews, Libby, and others; in the fourth, Alice C. Lawler, Libby, and others; in the fifth, Clement Kain, Libby, and others. These actions, to foreclose mortgages, were commenced by summons and complaint in the usual form, and judgment for deficiency…
1Opinion of the Court
By the Court.* —Brown, J.
The court will not interfere and set aside a sale under a judgment or decree of foreclosure, for mere inadequacy of price. But where there has been fraud or collusion, or the parties having an interest as owners or creditors have been prevented from attending the sale by the representations of the master or referee, or by sickness or inevitable accident, then it will exercise its power and order a resale. In Collier a. Whipple (13 Wend., 224,) a resale was granted and affirmed on appeal, upon the ground that the judgment-creditors were prevented from attending the…
2Cases cited6 opinions
- Tripp v. CookNew York Supreme Court · 1841
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Requa v. ReaNew York Court of Chancery · 1831
- Denning v. SmithNew York Court of Chancery · 1818
- May v. MayNew York Court of Chancery · 1844
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wesson v. ChapmanNew York Supreme Court · 1894
- Brush v. ShusterNew York Supreme Court · 1876
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1871
- Moller v. WattsAppellate Division of the Supreme Court of the State of New York · 1900
- Simmons v. EldridgeNew York Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.