Brady v. Kingsland
New York Court of Common Pleas
Plaintiff, as assignee of Chauncey S. Truax, sued for services as referee to sell in foreclosure under an express agreement. The defense, among others, was payment in full. Several adjournments were had and then the property was sold at private sale. Further facts appear in the opinion.
1Opinion of the CourtVan Hoesen, J.
— The disbursements of the referee for publishing the notices of the sale were eighty-one dollars. These were properly allowed. The justice also awarded the plaintiff the maximum sum allowed by the law for the full performance of all the duties that are devolved upon a referee who conducts a sale in foreclosure, to wit, fifty dollars. The account then stood thus:
Disbursements................................ $81 00
Fees........................................ 50 00
$131 00
Cr.
By cash...................................... $100.00
Balance.................................. $31 00
For the sum of…
2Cases cited3 opinions
- Schermerhorn v. . ProutyNew York Court of Appeals · 1880
- Lockwood v. FoxNew York Court of Common Pleas · 1881
- Maher v. O'ConnerNew York Supreme Court · 1881
3Cited by1 opinion
- Harrington v. BaylesAppellate Terms of the Supreme Court of New York · 1903