Barnes v. Meyer
New York Supreme Court
Action by Henry B. Barnes against George Meyer and others to foreclose a mortgage on a leasehold estate. Plaintiff moves for an extra allowance. Denied.
1Opinion of the CourtLawrence, J.
This action was brought for the foreclosure of a mortgage upon leasehold property, and, upon the presentation of the judgment of foreclosure and sale, application was made for an allowance. The defendants raised no objection to the judgment of foreclosure, but opposed the allowance on the ground that it was held by the general term of this department in the case of Huntington v. Moore, 59 Hun, 351, 13 N. Y. Supp. 97, that in an action brought for foreclosure of a mortgage upon a leasehold estate for 21 years with conditions for renewal, reserving a rent certain, an additional allowance of…
2Cases cited2 opinions
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Huntington v. MooreNew York Supreme Court · 1891