Buffalo Savings Bank v. Polish Roman Catholic Church of Holy Mother of Rosary

Appellate Division of the Supreme Court of New York

Buffalo Savings Bank v. Polish Roman Catholic Church of Holy Mother of Rosary

158 A.D. 954, 143 N.Y.S. 1108, 1913 N.Y. App. Div. LEXIS 7518

Appellate Division of the Supreme Court of the State of New York·Decided October 15, 1913·Published

Opinion

— Order reversed, without costs, and the sale vacated and set aside, and the premises ordered resold under the judgment herein, upon condition, first, that the defendant mortgagor pay to the referee within five days the referee’s fees and expenses of the sale and the interest upon the amount paid by the purchaser from the time of the payment thereof, which, together with the principal sum paid, is to be returned by the referee to the purchaser; and, second, that the defendant mortgagor, within five days, execute and deliver an undertaking to the plaintiff, with sufficient sureties, to the effect that if upon such resale the premises shall sell for less than $80,000 they will pay the difference between that sum and the amount for which they are sold; said undertaking as to form and sufficiency of sureties to be approved by the county judge of Erie county. If such conditions are not complied with, the application to vacate the sale stands denied, and the order appealed from is affirmed, with ten dollars costs and disbursements. All concurred.

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— Order reversed, without costs, and the sale vacated and set aside, and the premises ordered resold under the judgment herein, upon condition, first, that the defendant mortgagor pay to the referee within five days the referee’s fees and expenses of the sale and the interest upon the amount paid by the purchaser from the time of the payment thereof, which, together with the principal sum paid, is to be returned by the referee to the purchaser; and, second, that the defendant mortgagor, within five days, execute and deliver an undertaking to the plaintiff, with sufficient sureties, to the effect that if upon such resale the premises shall sell for less than $80,000 they will pay the difference between that sum and the amount for which they are sold; said undertaking as to form and sufficiency of sureties to be approved by the county judge of Erie county. If such conditions are not complied with, the application to vacate the sale stands denied, and the order appealed from is affirmed, with ten dollars costs and disbursements. All concurred.

Buffalo Savings Bank v. Polish Roman Catholic Church of Holy Mother of Rosary, 158 A.D. 954, 143 N.Y.S. 1108, 1913 N.Y. App. Div. LEXIS 7518 (N.Y. Ct. App. 1913).

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158 A.D. 954 (Buffalo Savings Bank v. Polish Roman Catholic Church of Holy Mother of Rosary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.