White v. Coulter
New York Supreme Court
Appeal by the defendants from an order of the special term, made on the 18th day of November, 1873, denying defendant’s motion to set aside the judgment of foreclosure and the sale had pursuant thereto in the above-entitled action, with $10 costs to plaintiff.
Read the full summary
Appeal by the defendants from an order of the special term, made on the 18th day of November, 1873, denying defendant’s motion to set aside the judgment of foreclosure and the sale had pursuant thereto in the above-entitled action, with $10 costs to plaintiff. By the defendants’ notice of motion, dated March 18, 1873, an order was asked, setting aside such judgment and for a new trial, on such terms as might be just, and also on irregularities, as follows : 1. That the trial was irregular as to time and place, and the court had no jurisdiction, for that reason, of the parties or cause of…
1Opinion of the CourtBoardman, J.
Upon reading the great mass of evidence, upon which this order appealed from was granted, certain facts appear to be well established, and need to be stated for a safe disposition of the various points raised.
On the 9th of September, 1871, defendant James E. Coulter bought of plaintiff, the White hotel property at Saratoga Springs, at the price of $51,000, paying down but $500 cash and giving a bond and mortgage for the balance of the purchase-money (less-a small lien assumed), $49,355, interest thereon being payable semiannually, and the first payment of principal, $6,500, to become due…
2Cases cited13 opinions
- Mills v. . Van VoorhiesNew York Court of Appeals · 1859
- Duncan v. DoddNew York Court of Chancery · 1830
- Foote v. . LathropNew York Court of Appeals · 1869
- Stewart v. SlaterThe Superior Court of New York City · 1856
- Lefevre v. LarawayNew York Supreme Court · 1856
8 more not listed; retrieve them via the Exa API.