Schermerhorn v. . Prouty
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which fixed the fees of the referee for selling the premises under a decree of foreclosure herein at fifty dollars. Chapter 569, Laws of 1869, as amended by chapter 192 of Laws of 1874, is not unconstitutional, and a referee on sales under foreclosure is only entitled to the fees allowed by it. (Richards v. Richards, Ct.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, which fixed the fees of the referee for selling the premises under a decree of foreclosure herein at fifty dollars. Chapter 569, Laws of 1869, as amended by chapter 192 of Laws of 1874, is not unconstitutional, and a referee on sales under foreclosure is only entitled to the fees allowed by it. (Richards v. Richards, Ct. App., Feb. 11, 1879; Wallbridge v. James, N. Y. Wkly. Dig., Dec. 9, 1878.) The fees of a referee to sell in foreclosure are regulated by section…
1Opinion of the CourtAndrews, J.
The act chapter 192 qf the Laws of 1874, amending chapter 569 of the Laws of 1869 provides that sales of real estate in the city and county of Hew York, under a decree or judgment of any court, may be made by the sheriff or by a referee appointed for that purpose, and declares that when any sale is made by any officer other than the sheriff “no greater sum shall be charged or allowed as fees ” than as prescribed in section two of the act amended. The amendment of the act of 1869 by the act of 1874 consisted mainly in removing the limitation of the original act confining the authority to make…
2Cited by5 opinions
- Lockwood v. FoxNew York Court of Common Pleas · 1881
- Brady v. KingslandNew York Court of Common Pleas · 1884
- Harrington v. BaylesAppellate Terms of the Supreme Court of New York · 1903
- Sadler v. LyonNew York Court of Common Pleas · 1894
- Wallace & Sons v. WalshNew York Court of Appeals · 1890