73 N.Y.S. 385 | N.Y. App. Div. | 1901
This is an appeal from an order adjudging Thomas F. Baldwin to be in contempt for failure to comply with an order dated the 22d day of April, 1901, that order having been made under the following circumstances: In an action for the foreclosure of a mortgage the plaintiff had recovered.a judgment directing a sale of mortgaged premises, and pursuant to such judgment such premises were- sold on the 20th of February, 1901. Margaret Baldwin, the mother of Thomas F. Baldwin, was the holder of a second mortgage. Without her knowledge, her son made an arrangement with the plaintiff by which he agreed, on behalf of his mother, to bid the property in for enough to protect the plaintiff and his mother’s mortgage. He bid- the slim of $24,900 and individually signed the terms of sale. His mother repudiated the transaction, and Thomas F. Baldwin being unable to complete his purchase, an application was made by the plaintiff to the Supreme Court for an order directing a resale of the premises and to charge Thomas F. Baldwin and Margaret Baldwin with any deficiency that might arise on such resale. Upon that
This proceeding was instituted under subdivision 3 of section 14 of the Code of Civil Procedure, which section prescribes ‘what con-
The order appealed from deprives the appellant of his personal liberty. In this case, as in the case of Ross v. Butler, above cited, when this proceeding was begun the' court had not determined the precise amount which the appellant was to pay, and until that was done he could not be subjected to this proceeding.
The order appealed from should be reversed, with ten dollars costs and. disbursements, and the motion to punish for contempt denied, with ten dollars costs.
Ingraham, Hatch and Laughlin, JJ., concurred.
Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.