Hardwick v. Royal Food Co.
New York Supreme Court
Appeal from special term, Greene county. Action Tby John Hardwick against the Royal Food Company of New Jersey and others. From an order confirming the report of a referee, Thomas E. Ferrier, as trustee, a claimant of the surplus money, appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
A sale under a judgment of foreclosure in the above-entitled action on a mortgage on real estate, of which the defendant had the legal title, subject to the mortgage, was perfected on the 18th of April, 1893, leaving a surplus of $893.76, which was deposited in the county treasury. The mortgage on which this foreclosure was had was dated March 31, 1890, and recorded May 5 of the same year. The premises covered by the mortgage were conveyed to the defendant April 1, 1891. August 10, 1891, the Posts, as partners, filed a mechanic’s lien against the premises sold on such foreclosure sale, for…
2Cases cited3 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- In Re the Distribution of the Proceeds of the Sale of the Real Estate of StilwellNew York Court of Appeals · 1893
- McAllister v. CaseNew York Court of Common Pleas · 1889
3Cited by2 opinions
- Brown v. EpsteinAppellate Division of the Supreme Court of the State of New York · 1915
- Regal Lumber Co. v. Buck, New York County Courts1993