Legal Opinion

Riggs v. . Pursell

New York Court of Appeals

Decided September 17, 1878PublishedCited by 84 opinions

Appeal by Michael Grosz ,ancl Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which enjoined and restrained the plaintiffs from enforcing against said' purchasers an order requiring them to complete their purchase, or pay any deficiency arising on re-sale, and certain other orders referred to therein, or from taking any proceedings…

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Appeal by Michael Grosz ,ancl Frederick H. Grosz, purchasers at a foreclosure sale herein, from an order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which enjoined and restrained the plaintiffs from enforcing against said' purchasers an order requiring them to complete their purchase, or pay any deficiency arising on re-sale, and certain other orders referred to therein, or from taking any proceedings thereunder. The order of Special Term also adjudged that the orders for deficiency are and were satisfied by a purchase of the…

1Opinion of the CourtRapallo, J.

On the refusal of the appellants to complete their purchase at the first sale, the court overruled their objections to the title and denied their application to be relieved from their purchase and ordered that they complete their purchase and that if they failed to do so the premises be resold by the referee in accordance with the practice of the court, and that the deficiency arising on such re-sale he paid by the appellants. That order was affirmed at General Term and in this court. (Riggs v. Pursell, 66 N. Y., 193.)

The re-sale under that order should clearly have been under the same terms…

2Cases cited7 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1876
  2. Dwight v. . St. JohnNew York Court of Appeals · 1862
  3. Belmont v. Erie Railway Co.New York Supreme Court · 1869
  4. Matter of the Petition of LivingstonNew York Court of Appeals · 1866
  5. Van Rensselaer v. Sheriff of AlbanyNew York Supreme Court · 1823

2 more not listed; retrieve them via the Exa API.

3Cited by84 opinions

  1. Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
  2. Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
  3. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  4. Bannon v. BannonNew York Court of Appeals · 1936
  5. Veeder v. . BakerNew York Court of Appeals · 1880

79 more not listed; retrieve them via the Exa API.

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