Hayes v. Nourse
New York Court of Common Pleas
On motion for restitution. Action of Ellen T. Hayes against Charles J. Hourse, Jr., an assignee, to recover purchase money paid on lands. A judgment for plaintiff was affirmed at the general term, and the judgment paid by defendant. Subsequently the judgment was reversed by the court of appeals, (see 22 H. E. Eep. 40,) and now defendant asks restitution.
1Opinion of the CourtLarremore, C. J.
This is a motion for restitution, under section 1323 of the Code. The plaintiff purchased certain real estate, formerly belonging to defendant’s assignors, at the assignee’s auction sale, and, under the terms of sale, paid 10 per cent, of the amount of her bid to bind the bargain. She subsequently rejected the title, and brought the present action to recover the amount of her deposit. She obtained a judgment in her favor at special and general terms of this court. . The defendant thereupon, for reasons which seem perfectly proper, and of which the court of last resort has approved, (107 N. Y.…
2Cases cited2 opinions
- Hayes v. . NourseNew York Court of Appeals · 1887
- Murray v. . BerdellNew York Court of Appeals · 1885
3Cited by3 opinions
- Clark v. Bank of ThomasvilleCourt of Appeals of Georgia · 1918
- Platt v. WithingtonNew York Supreme Court · 1890
- Carlson v. WintersonNew York Court of Common Pleas · 1894