Peck v. New York & New Jersey Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made October 11, 1880, affirming an order of Special Term, which denied a motion made on behalf of, and on the petition of, Jefferson M. Levy, to set aside judgments of foreclosure and sale in the actions above entitled and the sale made thereunder.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made October 11, 1880, affirming an order of Special Term, which denied a motion made on behalf of, and on the petition of, Jefferson M. Levy, to set aside judgments of foreclosure and sale in the actions above entitled and the sale made thereunder. (Mem. of decision below, 22 Hun, 129.) The plaintiffs were trustees for bondholders under different mortgages, executed by defendant The New Jersey and New York Railway Company, and the actions were brought to foreclose said mortgages. The facts…
1Opinion of the CourtEarl, J.
There is no complaint that the Peck judgment was not regularly obtained, or that there was any irregularity in the sale under that judgment or the proceedings relating thereto. So that if Levy’s application rested solely upon that judgment and sale, he would have very little, if any, ground to stand on.
But it is claimed that the two judgments and sales are so related to each other, being parts of a general scheme of foreclosure and reorganization, that any ground of relief against the Demarest judgment and sale must serve Levy as to both judgments and sales, and this claim may be assumed to…
2Cases cited1 opinion
- Wakeman v. . PriceNew York Court of Appeals · 1850
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- Mathot v. TriebelAppellate Division of the Supreme Court of the State of New York · 1905
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