Carstens v. Locasto
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catharina M. Carstens, from an order of the County Court of Kings county, entered in the office of the clerk of said county on the 23d day of March, 1916, as resettled by an order entered therein on the 30th day of March, 1916.
1Opinion of the Court
Carr, J.:
This is an appeal from an order of the County Court of Kings county on motion made by the plaintiff to compel one Schinzel to complete the purchase of certain real property which had been sold under the judgment in this action.
The situation is novel in its facts. The action was to foreclose a mortgage. The usual judgment followed and a referee was appointed to sell. The premises were offered for sale at a public auction and were struck down to Schinzel at his bid of $9,800. He paid the referee, by his check, the sum of $980, as ten per cent of the purchase price, and signed the usual…
2Cases cited2 opinions
- Fisher v. . HerseyNew York Court of Appeals · 1879
- Continental Insurance v. ReeveAppellate Division of the Supreme Court of the State of New York · 1909