Empire City Savings Bank v. Silleck
Appellate Division of the Supreme Court of the State of New York
Appeal by Moise Geismann, the purchaser at a mortgage foreclosure sale, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 16th day of May, 1904, denying his motion to be relieved from his bid and for the return of the moneys deposited by him.
1Opinion of the Court
Laughlin, J.:
The ground upon which the purchaser asks to be relieved from his bid is, that a second mortgage upon the premises is not cut off by the judgment, owing to the fact that service upon the owner and holder thereof was made by publication, and that the affidavits upon which the order of publication was granted were insufficient to give the court jurisdiction. The order was applied for and made upon the theory that George Watson, the owner and holder of the second mortgage, resided at Hamilton, Ont., and that *141the plaintiff had been or would be unable in the exercise of due diligence…
2Cases cited4 opinions
- McCracken v. . FlanaganNew York Court of Appeals · 1891
- Waffle v. GobleNew York Supreme Court · 1868
- Howe Machine Co. v. . PettiboneNew York Court of Appeals · 1878
- Doheny v. WordenAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Cohen v. Portland Lodge No. 142U.S. Circuit Court for the District of Oregon · 1906
- Evans v. WeinsteinAppellate Division of the Supreme Court of the State of New York · 1908