Riggs v. . Pursell
New York Court of Appeals
Appeal by Michael Grosz and Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term requiring them to complete their purchase. This action was brought to foreclose a mortgage executed by defendant, James Pursell, upon a leasehold interest in premises in the city of Hew York, at the south-easterly corner of Broadway and Twenty-second street.
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Appeal by Michael Grosz and Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court in the first judicial department affirming an order of Special Term requiring them to complete their purchase. This action was brought to foreclose a mortgage executed by defendant, James Pursell, upon a leasehold interest in premises in the city of Hew York, at the south-easterly corner of Broadway and Twenty-second street. The notice of sale and the terms of sale signed by the purchasers described the premises as leasehold premises, and referred to…
1Opinion of the CourtEabl, J.
A referee under a foreclosure decree made the sale in question. In making it he 'did not act as the agent of the parties, but as the officer of the court. The sale was theoretically made by the court through its officer, and the contract of the purchasers was with the court. The purchasers are entitled to all the property and title which the referee undertook to sell and which they rightfully supposed they were to receive. (Morris v. Mowatt, 2 Paige, 586; Spring v. Sandford, 7 id., 550; Seaman v. Hicks, 8 id., 655.) A purchaser upon such a sale will not be relieved on account of defects in…
2Cases cited6 opinions
- Trimm v. . MarshNew York Court of Appeals · 1874
- Morris v. MowattNew York Court of Chancery · 1831
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Tompkins v. . HyattNew York Court of Appeals · 1863
- White v. SeaverNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Helvering v. HammelSupreme Court of the United States · 1941
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Riggs v. . PursellNew York Court of Appeals · 1878
92 more not listed; retrieve them via the Exa API.