In re Trustees of the First Baptist Church v. Bigelow
New York Supreme Court
This was an action of assumpsit, brought To recover the price of a pew in a church, sold to the defendant at vendue, tried at the Tompkins circuit in June, 1834. Previous to the erection of the church, a chart was made, exhibiting a plan of the pews on the floor of the church as intended to be constructed, distinguished by numbers, and a public auction was held for the sale of the pews, at which the plan was exhibited; at the same time was exhibited a written or printed…
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This was an action of assumpsit, brought To recover the price of a pew in a church, sold to the defendant at vendue, tried at the Tompkins circuit in June, 1834. Previous to the erection of the church, a chart was made, exhibiting a plan of the pews on the floor of the church as intended to be constructed, distinguished by numbers, and a public auction was held for the sale of the pews, at which the plan was exhibited; at the same time was exhibited a written or printed advertisement containing the conditions of sale, which were, that the sums bid for the pews were to be paid in quarterly…
1Opinion of the Court
By the Court.
It is contended that the defendant was not bound to accept a deed, because the property was incumbered upon record, and no notice was given to him that the incumbrances had been paid off. It seems to be a good answer to this objection that the defendant never put his refusal to receive the deed upon that ground. At one time he said that he had bought it for his sister, and *30she declined taking it; at another, that the person who sold tjje pew was not a proper auctioneer, and therefore he did not mean to pay for it; but never intimated that it was incumbered : that objection could…
2Cited by39 opinions
- Mentz v. . NewwitterNew York Court of Appeals · 1890
- Patton v. RuckerTexas Supreme Court · 1867
- Ward v. . HasbrouckNew York Court of Appeals · 1902
- Tallman v. . FranklinNew York Court of Appeals · 1856
- Woodworth v. . PayneNew York Court of Appeals · 1878
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