Chase v. Chase
New York Supreme Court
Motion for repayment of a deposit on a purchase at a referee’s sale in an action for partition. This was an action by William I. Chase and wife against Nelson Chase and others, for partition of lands. A sale thereof by a referee appointed in the action was made upon the following terms : (1.) “ Ten per cent, of the purchase money of said premises will be required to be paid to the said referee at the time and place of sale, and for which the referee’s receipt will be given.”
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Motion for repayment of a deposit on a purchase at a referee’s sale in an action for partition. This was an action by William I. Chase and wife against Nelson Chase and others, for partition of lands. A sale thereof by a referee appointed in the action was made upon the following terms : (1.) “ Ten per cent, of the purchase money of said premises will be required to be paid to the said referee at the time and place of sale, and for which the referee’s receipt will be given.” (2.) (Required payment of the residue of the purchase money at a specified place on a day named.) (8.) “ The referee is…
1Opinion of the Court
John I. Macklin (Roe & Macklin, attorneys), for the referee, opposed.
I. If a notice by the referee to the purchaser to complete was necessary in order to put the purchaser in default, it was expressly waived by the purchaser agreeing that the referee was not required to send any notice to him. It was made optional with the referee whether the time of completion should be extended and whether terms in the shape of interest on the whole purchase should be imposed, as a condition for granting the application. Affirmative action on the part of the purchaser seeking an extension was necessary…
2Cases cited3 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Hening v. PunnettNew York Court of Common Pleas · 1873
- Home Insurance v. JonesNew York Supreme Court · 1873
3Cited by3 opinions
- Smith v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
- In re PhilipNew York Supreme Court · 1916
- Leslie v. Saratoga Brewing Co.New York Supreme Court · 1900