Story v. . Hamilton
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which reversed a judgment in favor of plaintiff, entered upon the decision of a referee and granted a new trial. (Reported below, 20 Hun, 133.) This action was brought by plaintiff, as receiver of the property of Lewis Story, to .recover an alleged surplus arising on foreclosure by advertisement, under the statute, of a mortgage on real estate.
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Appeal from an order of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which reversed a judgment in favor of plaintiff, entered upon the decision of a referee and granted a new trial. (Reported below, 20 Hun, 133.) This action was brought by plaintiff, as receiver of the property of Lewis Story, to .recover an alleged surplus arising on foreclosure by advertisement, under the statute, of a mortgage on real estate. The defendant was the owner of a mortgage upon a farm. There was another mortgage, a prior lien upon said land. Defendant…
1Per curiam
We are unable to discover any ground for the reversal of the judgment of the General Term. The facts of the case establish that the money realized upon the foreclosure sale has been applied where it lawfully belongs, to the payment of incumbrances upon the property, and we see no such misapplication of the same or violation of any rule of law as could sanction a judgment against the defendant. He paid the money to the person who was lawfully entitled to the same in entire good faith, and after having thus disposed of it no valid reason exists why he should pay any portion of the avails of the…
2Cases cited1 opinion
- Mowry v. . SanbornNew York Court of Appeals · 1878