Dunning v. . Ocean National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. (Reported below, 6 Lans., 296.) This action was brought to recover surplus moneys arising on foreclosure sale. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial without a jury. (Reported below, 6 Lans., 296.) This action was brought to recover surplus moneys arising on foreclosure sale. The facts sufficiently appear in the opinion. The surplus arising from the foreclosure sale was personal property, and the plaintiff, as administratrix, was the proper person to sue for it. (Bogert v. Furman, 10 Paige, 496; Swazey v. Wills, 1 Bradf., 495; 1 Duer, 308; Graham v.…
1Opinion of the Court
Reynolds, C.
On the 2d day of April, 1855, WilliamPearsons conveyed to Margaret Dunning a farm, in the county of Jefferson; and, to- secure a part of the purchase-money, she gave a mortgage for $4,500. This mortgage, by various assignments, became the property of the defendant on the 7th day of December, 1858. Under the power of sale contained in the mortgage, and in pursuance of the statute, the defendant caused the farm to be sold on the 2d day of July, 1861, and purchased it at $5,190; .and the surplus money thence arising was $1,833.78, which the defendant has ever since and now retains.…
2Cases cited3 opinions
- Bucklin v. FordNew York Supreme Court · 1849
- Burritt v. . SillimanNew York Court of Appeals · 1855
- Roome v. . PhilipsNew York Court of Appeals · 1863
3Cited by58 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- American R. Co. of Porto Rico v. CoronasCourt of Appeals for the First Circuit · 1916
- Frank v. . DavisNew York Court of Appeals · 1892
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- Leary v. ShafferIndiana Supreme Court · 1881
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