Archer v. Archer
New York Supreme Court
Appeal from special term, Westchester county. Action by Frederick A.' Archer against Lewis N. Archer for partition. The premises were directed to be sold, and William Booth became the purchaser. A few days afterwards he assigned his bid to Emanuel G-. Bach, who refused to complete the purchase on the ground that the title was defective. From, an order directing him to complete the purchase, said Bach appeals.
1Opinion of the CourtCullen, J.
This is an appeal from an order of the special term directing the appellant, an assignee of the purchaser, made under the judgment in this action to complete Ms purchase. The authority of the court over the immediate purchaser is unquestionable. Requa v. Rea, 2 Paige, 341; Cazet. v. Hubbell, 36 N. Y. 677. In Proctor v. Farnam, 5 Paige, 614, it was held that an assignee, by substituting himself for the purchaser, made Mmself a party to the original suit, so far as to entitle him to a determination by the court of his rights, as against those of Ms assignor. We cannot see why his rights and his…
2Cases cited6 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Scriver v. . SmithNew York Court of Appeals · 1885
- Requa v. ReaNew York Court of Chancery · 1831
- Whitbeck v. CookNew York Supreme Court · 1818
- Cazet v. . HubbellNew York Court of Appeals · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wright v. CaprarellaAppellate Division of the Supreme Court of the State of New York · 1923
- Dime Savings Bank v. ThomasNew York Supreme Court · 1969
- Kleinberg v. RatettAppellate Division of the Supreme Court of the State of New York · 1929