American Mortgage Co. v. Merrick Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Yellow Pine Company, from an order of. the. Supreme-Court, made' at the Mew York Special Term -vand entered'in the Office of the clérk of the county of Mew York' on the 17th day of May, 1906, confirming the. report of a referee' and directing the payment of surplus moneys to the defendant George Moore Smith.
1Opinion of the Court
Lambert, J.:
The surplus here under consideration arose from the sale of- the ■ .premises Mos. 23 and 25 East Twenty-first street, in the city of Mew York, under foreclosure. The amount of this surplus is $10,852.73. *151The appellant, claimant, the Yellow Pine Company, claims payment of its lien first out of this fund, and under the law as announced by the highest courts of this State, we are of opinion that this contention is right, and that the order appealed, from must be reversed.
The Merrick Construction Company, a corporation organized under the laws of this State, was the owner of the…
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- Crane Company v. . SmytheNew York Court of Appeals · 1905
- People Ex Rel. Short v. Board of Fire CommissionersNew York Court of Appeals · 1889
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