House v. Amsdell Brewing & Malting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Joseph S. House and another, as trustees, etc., from that part of an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 13th day of April, 1909, confirming a referee’s report herein, which denies an allowance to the plaintiffs’ attorneys.
1Opinion of the Court
Kellogg, J.:
The plaintiffs, as trustees for the mortgage bondholders, obtained a judgment for the sale of the mortgaged premises and directing the proceeds of sale to be applied to the costs of the action, and that the' referee retain, subject to the further order of the court, the amount stated to be due upon the mortgage, and that he pay the surplus, if any, to the county treasurer. The judgment further provided that the plaintiffs, the referee, or any interested party, after the confirmation of the sale, may at the foot of the judgment apply for such further order or supplemental judgment…
2Cases cited2 opinions
- Velleman v. . RohrigNew York Court of Appeals · 1908
- Fowler v. . FowlerNew York Court of Appeals · 1895
3Cited by10 opinions
- Matter of LoomisNew York Court of Appeals · 1937
- Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
- Builders Affiliates, Inc. v. North River InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
- Soffer v. GlickmanNew York Supreme Court · 1961
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