Egan v. Buellesbach
Appellate Division of the Supreme Court of the State of New York
Appeal by Newman Grossman from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk qf the county of New York on the 28th day of September, 1906, directing him as purchaser at a foreclosure sale to pay the sum of $550, the amount of the deficiency between the amount bid by him at said sale and the amount realized upon a resale of the property.
1Dissent
Houghton, J. (dissenting):
I dissent.
In this.case the order for'resale, which did not adjudicate in any manner that the purchaser would be liable for any deficiency which might arise, was obtained ex parte, before the purchaser, this appellant, presented his petition to the court to be relieved from his bid. ’
The prevailing opinion concedes the proposition, and it must -be conceded, that an order directing a resale, where the terms of a judicial sale are not coin plied with, is res adjudicata-mto the rights of the purchaser and of the parties to the action in which the sale is made. This being…
2Cases cited7 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Miller v. CollyerNew York Supreme Court · 1862
- Andrews v. . O'MahoneyNew York Court of Appeals · 1889
- Phelan v. DownsAppellate Division of the Supreme Court of the State of New York · 1901
- Bicknell v. ByrnesNew York Supreme Court · 1862
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