King v. . Platt
New York Court of Appeals
Tiie action was brought- in February, 1861, to compel the specific performance by Nathan 0. Platt, the original Defendant, since deceased, and now represented in the action by the present Defendants, of an agreement to purchase real estate in the city of New York, which agreement was made September 6, 1860. The Defendant not having, complied with the terms of the agreement, for the alleged reason that outstanding judgments unsatisfied existed as a lien upon the property, and…
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Tiie action was brought- in February, 1861, to compel the specific performance by Nathan 0. Platt, the original Defendant, since deceased, and now represented in the action by the present Defendants, of an agreement to purchase real estate in the city of New York, which agreement was made September 6, 1860. The Defendant not having, complied with the terms of the agreement, for the alleged reason that outstanding judgments unsatisfied existed as a lien upon the property, and not having answered the complaint, judgment was entered in favor of the Plaintiffs on the 15th of March, 1862. By this…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The sale of the defendants' property was not void because it took place on the day of the charter election in the city of New York. The statute provides that no court shall be opened, or transact any business, in any city or town, on the day of elections, for other than town or militia officers. (1 Rev. Stat. [5th ed.] 148, §§ 4 and 5.)
A judicial sale, although conducted by one of the officers of the court, and under its direction, is not the business of acourt,…
2Cases cited2 opinions
- Collier v. WhippleCourt for the Trial of Impeachments and Correction of Errors · 1834
- Kortright v. CadyNew York Supreme Court · 1857
3Cited by24 opinions
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Johnson v. CrawlTexas Supreme Court · 1881
- Howell v. . MillsNew York Court of Appeals · 1873
- Reisenberg v. HankinsCourt of Appeals of Texas · 1924
- Lawyers' Co-operative Publishing Co. v. BennettSupreme Court of Florida · 1894
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