Legal Opinion
Hosmer v. Gano
New York Court of Common Pleas
Decided October 15, 1895PublishedCited by 6 opinions
Action by Charlotte B, Hosmer against James M. G-ano and others to foreclose a mortgage. The referee appointed to make the sale on foreclosure of the mortgage moves to have his compensation fixed.
1Opinion of the CourtGiegerich, J.
This is an application to fix the compensation of a referee upon sale of real property, pursuant to section 3297 of the Code of Civil Procedure, as amended by chapter 241 of the Laws of 1895, which, among other things, provides:
“A referee’s compensation, including commissions, cannot, where the sale is under a judgment in an action to foreclose a mortgage, exceed fifty dollars unless the property sold for ten thousand dollars or upwards, in which event the referee may receive such additional compensation as to the court may seem proper, or in any other cause five hundred dollars.”
It appears…
2Cited by6 opinions
- Prudential Insurance Co. of America v. HoganAppellate Division of the Supreme Court of the State of New York · 1932
- Railroad Co-Operative Building & Loan Ass'n v. CauteroAppellate Division of the Supreme Court of the State of New York · 1934
- Metropolitan Life Insurance v. BendheimNew York Supreme Court · 1898
- Osborn v. DeGraaf Building Corp.Appellate Division of the Supreme Court of the State of New York · 1932
- Dime Sav. Bank v. PettitNew York Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.