Burton v. Linn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edward Y. Burton, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of September, 1897, denying the plaintiff’s motion to punish Nora O’Connell, a purchaser on the sale had in this action, for contempt of court.
1Opinion of the Court
Rumsey, J.:
The action was brought to foreclose a mortgage upon land, and pursuant to the judgment which was finally recovered therein, the property was sold on the 13th day of May, 1897. At that sale one Nora O’Connell became the purchaser of plots 344 and 435 of the mortgaged premises. She paid ten per cent of the purchase price, as well as the auctioneer’s fee, and signed the terms of sale which was to have been closed on the 3d of June, 1897. On that day, however, she did not take title, but no reason was shown for her action. A motion was subsequently made to compel her to ■ com*610píete the…
2Cases cited4 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Cazet v. . HubbellNew York Court of Appeals · 1867
- Miller v. CollyerNew York Supreme Court · 1862
- Executors of Brasher v. CortlandtNew York Court of Chancery · 1817
3Cited by9 opinions
- Wright v. CaprarellaAppellate Division of the Supreme Court of the State of New York · 1923
- Banca Commerciale Italiana Trust Co. v. Westchester Artistic Works, Inc.Supreme Court of Connecticut · 1929
- Dime Savings Bank v. ThomasNew York Supreme Court · 1969
- Dunlop v. MulryNew York Supreme Court · 1903
- In re the Estate of KramskyNew York Surrogate's Court · 1939
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