de Lima Mayer v. Burr
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosalynde A. de Lima Mayer, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the - clerk of the county of New York on the 23d day of August, 1906, confirming the report of a referee and directing the distribution of surplus moneys.
1Opinion of the Court
McLaughlin, J.:
This action was brought for the foreclosure of a mortgage upon certain real estate in the city of New York known as Nos. 232-234 West .Eighteenth street. The mortgage was given in 1882 to the Emigrant Industrial Savings Bank and subsequently assigned to the plaintiff. Upon the sale of the premises a surplus of nearly $13,500 was realized. Several parties claimed to have liens on such sum and a referee was appointed to ascertain the amounts and priority thereof. He reported that after the payment of certain expenses three-fourths of the balance should be paid to the respondent…
2Cases cited5 opinions
- Emigrant Industrial Savings Bank v. . GoldmanNew York Court of Appeals · 1878
- Jackson v. . LittellNew York Court of Appeals · 1874
- Donovan v. TwistAppellate Division of the Supreme Court of the State of New York · 1903
- Matter of ColemanNew York Court of Appeals · 1903
- Stillwell v. HartAppellate Division of the Supreme Court of the State of New York · 1899