Barr v. Benzinger
Appellate Division of the Supreme Court of the State of New York
Appeal by William H. Barr, the second purchaser at a sale under foreclosure, from an order of the Supreme'Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 5th day of November, 1897, setting aside the sale made under a judgment of foreclosure, and directing a resale of the premises.
1Opinion of the Court
Follett, J.:
April 27, 1897, a judgment of foreclosure was entered in this action and Urban C. Bel| was appointed by it to sell the mortgaged premises. The premises were duly advertised to. be sold at ten o’clock a. m. on the 25th day of Hay, 1897, at which time the prop-' erty was duly exposed for sale and struck off to Christian C. Luippold for $4,200, he being the highest bidder. By the terms of sale the purchaser was to pay ten per cent down and the- remainder in ten days. The purchaser gave his check for $420, drawn on the Citizens’ Bank of Buffalo, and .signed the following
“ Memoranda of…
2Cases cited1 opinion
- Angel v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Moir v. FloodAppellate Division of the Supreme Court of the State of New York · 1901