Baker v. Baker
New York Supreme Court
Appeal from special term. Action by Francis A. Baker against Benjamin M. Baker, Johanna S. Wood individually and as administratrix, and William O. 0. Wood, impleaded with others. From an order made on the petition and motion of defendant Benjamin M. Baker for a reference to determine claims to surplus moneys, defendants Wood appeal.
1Opinion of the CourtLewis, J.
A judgment was obtained in the above-entitled action for the foreclosure of a mortgage and the sale of mortgaged premises. Upon the sale there arose a surplus of $4,474.31. The petitioner Benjamin M. Baker, one of the defendants in the action, claimed the surplus money as a junior mortgagee, and petitioned the court for an order directing said surplus money to be paid to him. His application was opposed by the defendants William O. C. Wood and Johanna S. Wood on the ground that there was a prior action pending in the supreme court, in which action the right of the claimant to the moneys was…
2Cited by5 opinions
- Rochester Savings Bank v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1898
- Lobbett v. GalpinAppellate Division of the Supreme Court of the State of New York · 1930
- Wilcox v. DroughtNew York Supreme Court · 1901
- Roslyn Savings Bank v. JonesNew York Supreme Court · 1972
- Betcher v. RademacherNew York Supreme Court · 1962