Goodell v. . Harrington
New York Court of Appeals
Appeal by Haney Bruce from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, which set aside a foreclosure sale herein and directed a re-sale. This action was for the foreclosure of a mortgage. Judgment of foreclosure and sale was perfected and was assigned by plaintiff to said Haney Bruce, who bid off the ■ mortgaged premises on the foreclosure sale.
Read the full summary
Appeal by Haney Bruce from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, which set aside a foreclosure sale herein and directed a re-sale. This action was for the foreclosure of a mortgage. Judgment of foreclosure and sale was perfected and was assigned by plaintiff to said Haney Bruce, who bid off the ■ mortgaged premises on the foreclosure sale. The application for a re-sale ivas made by one Philip R. Clark. His interest is set forth in the opinion. Clark had no standing in court to make a motion to open the sale.…
1Opinion of the Court
Church, Ch. J.
The question whether a re-sale should be ordered was discretionary with the court below, and the order providing for such re-sale is not therefore upon the merits appealable to this court. (Buffalo Savings Bank v. Newton, 23 N. Y., 160; Crane v. Stiger, 58 id., 625; Hall v. Clawson, 60 id., 339.)
The point presented is, that Clark, who made the application, had no such interest as entitled him to make the motion*. It appears that Clark was a judgment creditor of Haney Bruce, as executrix of Seth Harrington, that Haney Bruce claims title to a portion of the mortgaged premises by…
2Cases cited3 opinions
- Rohrbach v. . Germania Fire Ins. Co.New York Court of Appeals · 1875
- Kellogg v. HowellNew York Supreme Court · 1872
- Buffalo Savings Bank v. . NewtonNew York Court of Appeals · 1861
3Cited by11 opinions
- Bancplus Mortgage Corp. v. GallowayAppellate Division of the Supreme Court of the State of New York · 1994
- First National Bank v. PaulsonNorth Dakota Supreme Court · 1939
- Goldberg v. Feltman's of Coney Island, Inc.New York Supreme Court · 1954
- Clapp v. GardnerMassachusetts Supreme Judicial Court · 1921
- State ex rel. Kunz v. CampbellSouth Dakota Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.