Daly v. Bacz Holding Corp.

Motion for an order directing the plaintiff to pay the referee the sum of fifty dollars. The referee was appointed in a judgment of foreclosure and sale, and pursuant thereto he proceeded to advertise and did advertise the mortgaged premises directed to be sold, the sale to take place on March 25,1938. The day before the sale he received a telephone call from the attorney for the plaintiff requesting him not to sell the mortgaged premises inasmuch as the defendant had made the default good. He did not, therefore, appear at the time and place set for the sale. Subsequently he requested payment…