Russell v. Duflon
New York Supreme Court
This action was commenced for the recovery of the surplus moneys arising upon the foreclosure of three mortgages, foreclosed by the defendant Duflon by advertisement and sale under the statute. The foreclosure sale under each mortgage took place April 26, 1855. One of the mortgages was given to Duflon to secure $8,000; was executed by Nicholas Elmendorf alone, and was on his individual property.
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This action was commenced for the recovery of the surplus moneys arising upon the foreclosure of three mortgages, foreclosed by the defendant Duflon by advertisement and sale under the statute. The foreclosure sale under each mortgage took place April 26, 1855. One of the mortgages was given to Duflon to secure $8,000; was executed by Nicholas Elmendorf alone, and was on his individual property. This property was sold for $12,000 at the foreclosure sale, and was purchased by Philip Y. D. Lockwood, and, immediately after, Duflon caused Lockwood’s title to he perfected under the foreclosure…
1Opinion of the CourtParker, J.
The plaintiff’s claim against defendant Duflon, of the surplus money in question, is, I think, not well founded.
There is no pretence that Duflon received any more of the money bid upon the sale than the amount of his mortgages and costs. The plaintiff, however, claims that by selling the property under the power of sale in the mortgages, he became, as to the surplus moneys, a trustee for the benefit of the parties entitled thereto, by virtue of any liens thereon, so that he is liable, as such trustee, for such purposes, although it was never paid to him.
I confess I am unable to see how he…
2Cases cited2 opinions
- Matthews v. DuryeeNew York Supreme Court · 1864
- Lefler v. FieldNew York Supreme Court · 1868
3Cited by4 opinions
- Salomon v. MoralNew York Court of Common Pleas · 1877
- Robertson v. StillingsNew York Court of Common Pleas · 1878
- Evans v. GarlockNew York Supreme Court · 1885
- Parker v. City of CohoesNew York Supreme Court · 1877