Corwith v. Barry

New York Supreme Court

Corwith v. Barry

23 N.Y.S. 200, 69 Hun 113, 76 N.Y. Sup. Ct. 113, 53 N.Y. St. Rep. 53

CourtNew York Supreme Court

DecidedMay 8, 1893

StatusPublished

Cited by2 cases

This text of 23 N.Y.S. 200 (Corwith v. Barry) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Corwith v. Barry, 23 N.Y.S. 200, 69 Hun 113, 76 N.Y. Sup. Ct. 113, 53 N.Y. St. Rep. 53 (N.Y. Super. Ct. 1893).

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Opinion

DYKMAN, J.

This is an appeal from an order of the county court of Kings county, directing a resale of the property described in the complaint. The action is for the foreclosure of a mortgage, and the sale was under the judgment thereon. There was a, misapprehension respecting the adjournment of the sale on the part of the judgment creditor, who was present to protect his judgment. Either the misinformation respecting the adjournment of" the sale was the result of design or misinformation, and in either case it would be inequitable to permit the sale to stand. The order appealed from is just, and should be affirmed, with $10. costs and disbursements. All concur.

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DYKMAN, J.

This is an appeal from an order of the county court of Kings county, directing a resale of the property described in the complaint. The action is for the foreclosure of a mortgage, and the sale was under the judgment thereon. There was a, misapprehension respecting the adjournment of the sale on the part of the judgment creditor, who was present to protect his judgment. Either the misinformation respecting the adjournment of" the sale was the result of design or misinformation, and in either case it would be inequitable to permit the sale to stand. The order appealed from is just, and should be affirmed, with $10. costs and disbursements. All concur.

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Bluebook (online)

23 N.Y.S. 200, 69 Hun 113, 76 N.Y. Sup. Ct. 113, 53 N.Y. St. Rep. 53, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corwith-v-barry-nysupct-1893.

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