Leet v. McMaster
New York Supreme Court
APPEAL from a judgment entered upon the decision of a referee. The plaintiff was the assignee of a mortgage made by one Hiram Pomroy, and she, by her agent, Daniel Pomroy, employed George Sprague, who was an attorney of this court, to foreclose the mortgage by advertisement, pursuant to the statute. Sprague caused a notice of the sale to be published, appointing the 8th day of September, 1866, for the day of sale.
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APPEAL from a judgment entered upon the decision of a referee. The plaintiff was the assignee of a mortgage made by one Hiram Pomroy, and she, by her agent, Daniel Pomroy, employed George Sprague, who was an attorney of this court, to foreclose the mortgage by advertisement, pursuant to the statute. Sprague caused a notice of the sale to be published, appointing the 8th day of September, 1866, for the day of sale. At the time and place appointed, Sprague attended, and the defendant McMaster, desiring to purchase the premises, also attended! McMaster had doubts about the legality of the…
1Opinion of the Court
By the Court, Marvin, J.
The plaintiff, in his complaint, alleges confederation between Sprague and the defendant, to defraud her, by making the sale at the time and under the circumstances it was made. These allegations are denied, and the testimony failed to establish them, and the referee has, in effect, found against them.
There cannot, of course, be two opinions touching the conduct of Sprague, and it is to be regretted, on the plaintiff’s account, that he is irresponsible. But what is the position, and what are the rights, of the defendant? The referee was requested to find as a fact that…
2Cases cited4 opinions
- Denton v. NoyesNew York Supreme Court · 1810
- Sayles v. SmithNew York Supreme Court · 1834
- Dunn v. ChamberNew York Supreme Court · 1848
- Anderson v. RapelyeNew York Court of Chancery · 1842
3Cited by4 opinions
- In re the Estate of CusimanoNew York Surrogate's Court · 1940
- Iowa Inv. Co. v. ShepardSouth Dakota Supreme Court · 1896
- Mayor of New York v. SmithThe Superior Court of New York City · 1892
- Mayor v. SmithThe Superior Court of the City of New York and Buffalo · 1892