Legal Opinion
Syracuse Savings Bank v. Stokes
New York Supreme Court
Decided April 15, 1911PublishedCited by 2 opinions
Surplus money proceedings.
1Opinion of the CourtDevendorf, J.
This is a proceeding to obtain surplus moneys arising on foreclosure of three separate mortgages in different actions. There has been a prolonged contest, and much work has been done by the respective counsel, and they are entitled to substantial pay; but it may not be within the power of the court to make payment from the funds in question, and they may be compelled to look therefor to their-clients, or the party employing them.
This is -a special proceeding (Velleman v. Rohrig, 193 N. Y. 439; House v. Amsdell B. & M. Co., 133 App. Div. 486) and, as to the award of costs and allowances…
2Cases cited7 opinions
- Matter of Application of HoldenNew York Court of Appeals · 1891
- Lawton v. SagerNew York Supreme Court · 1851
- House v. Amsdell Brewing & Malting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Velleman v. . RohrigNew York Court of Appeals · 1908
- Bevier v. SchoonmakerNew York Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sadow v. Poskin Realty Corp.New York Supreme Court · 1970
- Reilly v. Empire State Improvement Corp.New York Court of Appeals · 1929