American Mortgage Co. v. Butler
New York Supreme Court
Motion to confirm report of referee as to surplus moneys arising from foreclosure of mortgage.
1Opinion of the CourtMcAdam, J.
The suit was to foreclose a mortgage on real property; judgment followed, the property was sold and the surplus paid to the city chamberlain. The contest as to such surplus is between the assignee of Martin V. Cook, who filed a mechanic’s lien against the property, and one Andrew Mills, who filed a subsequent lien. The referee reported in favor of the Cook lien, and the present is a motion to confirm the report. The. only exceptions filed were by Mills, the junior lienor, who claims that on account of an excessive claim made by Cook his lien became forfeited and unenforcible. It cannot be…
2Cases cited9 opinions
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Aeschlimann v. . Presbyterian HospitalNew York Court of Appeals · 1901
- Sturm v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1875
- Dogge v. Northwestern National InsuranceWisconsin Supreme Court · 1880
- Ringle v. . Wallis Iron WorksNew York Court of Appeals · 1896
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3Cited by3 opinions
- Reilly v. Empire State Improvement Corp.New York Court of Appeals · 1929
- Felgenhauer v. HaasAppellate Division of the Supreme Court of the State of New York · 1907
- Schwartz & Co. v. Aimwell Co.Appellate Division of the Supreme Court of the State of New York · 1923