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Crane v. Stiger

Thomas Crane, Appellant, v. Jacob M. Stiger Et Al., Respondents

Crane v. Stiger, 58 N.Y. 625 (1874)
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Court
New York Court of Appeals · State Highest Courts
Decided
June 9, 1874
Judges
Folger
Citations
58 N.Y. 6251874 N.Y. LEXIS 555
Headnotes
An order opening a sale upon a judgment of foreclosure is one resting in the discretion of the court below, and is not appealable to this court. This discretionary power is not terminated by an order confirming the report of sale and the delivery of the .referee’s deed to the purchaser. The fact that no notice of the motion was served upon the purchaser does not invalidate the order, where he had actual notice, a.nd appeared and contested the motion.
Summary
This was an appeal from an order of General Term affirming an order of Special Term, opening a sale upon foreclosure and directing a resale of the mortgaged premises. (Reported below, 2 N. Y. S. C. [T. & G], 577.) The premises were bid off by Benjamin J. Crane, a son of plaintiff. The report of sale was confirmed, a judgment for deficiency entered against defendants, Stiger and Taylor, and the referee’s deed was delivered to the purchaser. The motion to open the sale was made nearly a year thereafter. The purchaser appeared and furnished an affidavit to be used in opposing the motion. Held, as above, and appeal accordingly dismissed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Folger

Folger, J., reads for dismissal of appeal.

All concur.

Appeal dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1889: 11894: 11912: 11935: 11979: 11996: 12007: 118892026peak 1889 · 1

Relies on it most ⓘ

  1. Guardian Loan Co. v. Early392 N.E.2d 1240 (N.Y. 1979)
  2. In re Superintendent of Banks100 N.E. 428 (N.Y. 1912)
  3. Emigrant Industrial Savings Bank v. Van Bokkelen199 N.E. 23 (N.Y. 1935)
  4. State ex rel. Kunz v. Campbell60 N.W. 32 (S.D. 1894)
  5. John Hancock Mutual Life Insurance v. 491-499 Seventh Avenue Associates169 Misc. 2d 493 (N.Y. Sup. Ct. 1996)
  6. Guggenheimer v. Sayre4 N.Y.S. 22 (N.Y. Sup. Ct. 1889)

Most recent

  1. NYCTL 1998-1 v. Mayfield17 Misc. 3d 268 (N.Y. Sup. Ct. 2007)
  2. John Hancock Mutual Life Insurance v. 491-499 Seventh Avenue Associates169 Misc. 2d 493 (N.Y. Sup. Ct. 1996)
  3. Guardian Loan Co. v. Early392 N.E.2d 1240 (N.Y. 1979)
  4. Emigrant Industrial Savings Bank v. Van Bokkelen199 N.E. 23 (N.Y. 1935)
  5. In re Superintendent of Banks100 N.E. 428 (N.Y. 1912)
  6. State ex rel. Kunz v. Campbell60 N.W. 32 (S.D. 1894)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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