Quackenbush v. . O'Hare
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 16, 1891, which affirmed an order of Special Term confirming the repox-t of a referee as to the distribution of surplus moneys. The substance of the order and the facts, so far as material, are set forth in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 16, 1891, which affirmed an order of Special Term confirming the repox-t of a referee as to the distribution of surplus moneys. The substance of the order and the facts, so far as material, are set forth in the opinion. The $2,000 mortgage under which Cannon claims, but which Steers, in fact, holds, covering three different parcels, and the West Third street property being the last one of those three parcels aliened by the mortgagor, that property is primarily liable for the satisfaction…
1Opinion of the CourtO’Brien, J.
The order appealed from disposed of surplus moneys amounting to the sum of $2,737.75, arising upon the foreclosure of a mortgage made by the defendant to one Elizabeth Hillenbrand, February 28,1884, and recorded the following day. It was subsequently assigned to the plaintiff and covers certain premises on Second avenue in the city of 27ew York. The controversy in regard to the surplus was between the defendant Cannon on the one hand and the defendants Washburn & Barnes on the other. The referee reported that Cannon was entitled to have his claim paid out of the fund first, and this report…
2Cited by5 opinions
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