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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 15, 1913

StatusPublished

This text of 158 A.D. 954 (Buffalo Savings Bank v. Polish Roman Catholic Church of Holy Mother of Rosary) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

Pincite

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.

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Bluebook (online)

158 A.D. 954, 143 N.Y.S. 1108, 1913 N.Y. App. Div. LEXIS 7518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buffalo-savings-bank-v-polish-roman-catholic-church-of-holy-mother-of-nyappdiv-1913.