Delavan v. Payn
New York Court of Chancery
This case came before the court for a construction of the "act to reduce the expense of foreclosing mortgages in the court of chancery,” in reference to the compensation of masters, upon sales under decrees of foreclosure. The premises sold for $9000, leaving a balance still due from the mortgagor.
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This case came before the court for a construction of the "act to reduce the expense of foreclosing mortgages in the court of chancery,” in reference to the compensation of masters, upon sales under decrees of foreclosure. The premises sold for $9000, leaving a balance still due from the mortgagor. The master, in addition to his disbursements, and the $3,50 allowed by the act of the last session for advertising, attending the sale, making his report and drawing the deed to the purchaser, charged commissions upon the monies received and paid over upon the sale ; as allowed by the revised…
1Opinion of the Court
The Chancellor.
The second section of the act of the 14th of May last, (Laws of 1840, p. 288) declares that in foreclosure suits, where there is no defence, the several officers therein named, instead of tilt fees for their services theretofore allowed, shall receive the compensation mentioned in that act; and that no other fees shall be taxed or *460decreed against the defendant, or demanded or received from him. Here, as the defendant is liable for the deficiency, the retaining of the commission by the master, which must of course increase the balance for which such defendant is personally…
2Cited by4 opinions
- Harrington v. BaylesAppellate Terms of the Supreme Court of New York · 1903
- Innes v. PurcellNew York Supreme Court · 1874
- Renaud v. O'BrienNew York Supreme Court · 1861
- Walbridge v. JamesNew York Supreme Court · 1878