Builders Mortgage Co. v. Berkowitz

This motion to discharge a referee appointed by the court to sell in foreclosure requires me to determine who must stand the loss occasioned by his defalcation.

On August 20, 1908, the property in suit was sold under a judgment of foreclosure by a referee appointed therein for that ¡impose, the purchaser, Annie Wolf, paying to the referee the sum of $2,350, ten per cent, of the purchase price.

Subsequently the purchaser rejected the title as defective; but, upon motion made at Special Term, her objections were overruled and she was ordered to take title. Upon appeal, *596the Appellate Division…