Brush v. Shuster
New York Supreme Court
Appeal from an order granting re-sale of premises sold under foreclosure. This action was brought by Maria H. Brush, guardian of Walter F. Brush, Jr., against C. August Schuster, Julia Eberhardt, wife of Frederick Eberhardt, Pauline Bosch, Fanny Bosch and Bernhardt Bayerle, to foreclose a mortgage for $3,000 on real property in the city of New York. The three female defendants were all infants, and Hubbard Hendrickson, Esq., was appointed their guardian ad litem.
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Appeal from an order granting re-sale of premises sold under foreclosure. This action was brought by Maria H. Brush, guardian of Walter F. Brush, Jr., against C. August Schuster, Julia Eberhardt, wife of Frederick Eberhardt, Pauline Bosch, Fanny Bosch and Bernhardt Bayerle, to foreclose a mortgage for $3,000 on real property in the city of New York. The three female defendants were all infants, and Hubbard Hendrickson, Esq., was appointed their guardian ad litem. The guardian ad litem, before his appointment, made a written offer and request to the plaintiff on behalf of the children, that…
1Opinion of the CourtBrady, J.
There are some circumstances stated herein, which tend to sustain the charge that the defendant above named was endeavoring to obtain the *76mortgaged premises, and was aided in that design which would be in violation of his representative character, and of his duty to the infant children. The refusal to assign the claim, and the fact that the plaintiff took back a mortgage for an amount exceeding the amount of the principal due on the mortgage foreclosure, and the interest due thereon and expenses incurred, seem corroborative. The charges of collusion are, however, absolutely denied, and what…
2Cases cited24 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Van Epps v. Van EppsNew York Court of Chancery · 1841
- Tripp v. CookNew York Supreme Court · 1841
- Brown v. FrostNew York Court of Chancery · 1843
- Jewett v. . MillerNew York Court of Appeals · 1852
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3Cited by1 opinion
- Irving Savings Institution v. RobinsonNew York Supreme Court · 1901