Loomis v. Loomis
New York Supreme Court
THE plaintiff in this case owned a farm that was incumbered by himself, by mortgage, which was duly foreclosed, and the premises bid in by one Jabez E. Ward, the attorney of the mortgagee, for $2400, which was less than its true value. Ward agreed, orally, with the plaintiff to let him have the farm back on the payment of said sum of $2400, and $20, added for expenses, and gave him, the plaintiff^ a certain time to procure the money or security for that purpose.
Read the full summary
THE plaintiff in this case owned a farm that was incumbered by himself, by mortgage, which was duly foreclosed, and the premises bid in by one Jabez E. Ward, the attorney of the mortgagee, for $2400, which was less than its true value. Ward agreed, orally, with the plaintiff to let him have the farm back on the payment of said sum of $2400, and $20, added for expenses, and gave him, the plaintiff^ a certain time to procure the money or security for that purpose. The plaintiff failed to procure it within the time given, and got an extension of time ; the plaintiff in the meantime holding the…
1Opinion of the Court
By the Court, Potter, J.
It is always an agreeable duty
for a court, when it is consistent with the rules which must ever control them in their adjudications, to enforce rules of morality; to protect the interests of parties defrauded; and to secure the performance of contracts wfiere confidence has been reposed by one party in the promises of another. Especially is this desirable, when that other is found to have secured to himself advantages by cunning, overreaching and selfishness. But courts do not possess the power to sit in judgment to enforce all obligations that depend upon rules of…
2Cases cited1 opinion
- Cook v. EatonNew York Supreme Court · 1853
3Cited by4 opinions
- Rucker v. SteelmanIndiana Supreme Court · 1881
- S. W. Straus & Co. v. FelsonAppellate Division of the Supreme Court of the State of New York · 1926
- Estate of Snook, Superior Court of California, County of San Francisco1897
- Thompson v. TiltonNew Jersey Court of Chancery · 1881