Cunningham v. Cassidy
New York Court of Appeals
Appeal from an order modifying an order in relation to the disposal of surplus moneys in a foreclosure action. The action was brought for the foreclosure of a mortgage made by the defendant Cassidy to the plaintiff Cunningham, in May, 1846. In August, 1848, John Quin obtained a judgment against Cassidy for $360.73, which became a lien on the mortgaged premises.
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Appeal from an order modifying an order in relation to the disposal of surplus moneys in a foreclosure action. The action was brought for the foreclosure of a mortgage made by the defendant Cassidy to the plaintiff Cunningham, in May, 1846. In August, 1848, John Quin obtained a judgment against Cassidy for $360.73, which became a lien on the mortgaged premises. On the 4th of September, 1848, Cassidy mortgaged the premises to Richard S. Williams, to secure the payment of $3500 in one year, with interest. And on the 13th of September, 1848, another judgment was obtained against Cassidy, by'John…
1Opinion of the Court
By the Court.*—Brown, J.
—This was a foreclosure upon a *185mortgage prior, in point of time to Quin’s judgment and Williams’s mortgage.
The question is upon the distribution of $17005 26/100 surplus money. The positions already stated with regard to Williams’s right to recover upon the bond (Williams a. Cassidy), show that he is entitled to the surplus money as the purchaser under Quin’s judgment. As that judgment is older than his mortgage, he is not bound to apply any profit he may realize from the purchase to the satisfaction of his mortgage. He did not purchase subject to the mortgage, and the…
2Cases cited9 opinions
- Brown v. LynchNew York Court of Chancery · 1828
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Groff v. JonesNew York Supreme Court · 1831
- Jackson ex dem. Vanderlyn v. NewtonNew York Supreme Court · 1820
- Jackson ex dem. Hooker v. YoungNew York Supreme Court · 1826
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Williams v. AllisonSupreme Court of Iowa · 1871