Heitman v. Sire

Appellate Terms of the Supreme Court of New York

Heitman v. Sire

35 Misc. 826, 72 N.Y.S. 1106

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 15, 1901

StatusPublished

This text of 35 Misc. 826 (Heitman v. Sire) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heitman v. Sire, 35 Misc. 826, 72 N.Y.S. 1106 (N.Y. Ct. App. 1901).

Pincite

Opinion

Per Curiam.

It may be conceded that the contract to bid on the property at a judicial sale for the sole purpose of advancing the price, was void as against public policy. The evidence, however, shows that the plaintiffs employ for the succeeding days was made after that action was completed, and this agreement in no way involved the question of public policy. For this reason we think the conclusion of the learned court below was erroneous.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Per Curiam.

It may be conceded that the contract to bid on the property at a judicial sale for the sole purpose of advancing the price, was void as against public policy. The evidence, however, shows that the plaintiffs employ for the succeeding days was made after that action was completed, and this agreement in no way involved the question of public policy. For this reason we think the conclusion of the learned court below was erroneous.

Present: Scott, P. J., Beach and Fitzgerald, JJ.

Judgment reversed and new trial ordered, with costs to abide event.

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Bluebook (online)

35 Misc. 826, 72 N.Y.S. 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitman-v-sire-nyappterm-1901.