Huntington v. Moore
New York Supreme Court
Appeal from special term, New York county. Action-by Samuel E. Huntington, executor of Chauncey E. Low, deceased, against Cornelia S. Moore and others to foreclose a mortgage. - There was a decree of foreclosure and sale, and the plaintiff moved for an extra allowance of 5 per cent, in the taxation of costs, but this was denied, upon the ground that the mortgaged property was “real estate,” and that the court had no power to make a greater allowance than $200. Code Civil…
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Appeal from special term, New York county. Action-by Samuel E. Huntington, executor of Chauncey E. Low, deceased, against Cornelia S. Moore and others to foreclose a mortgage. - There was a decree of foreclosure and sale, and the plaintiff moved for an extra allowance of 5 per cent, in the taxation of costs, but this was denied, upon the ground that the mortgaged property was “real estate,” and that the court had no power to make a greater allowance than $200. Code Civil Proc. N. Y. § 3253, provides: “In an action to foreclose, a mortgage upon real prop-' erty * * * the court may award to any…
1Opinion of the CourtDaniels, J.
The judgment directed is for the foreclosure of a mortgage upon a leasehold estate, created by a lease for the period of 21 years from the 1st of November, 1888, with conditions for renewals, and reserving a rent certain. The amount secured, and for which a sale has been directed, is the sum of $10,000. The plaintiff moved for an additional allowance of costs, stating in the affidavit presented for that object that a great deal of labor had been expended in preparing for trial to show the'facts attending the loan, the payment of which was resisted, on the alleged ground of usury. The court…
2Cases cited1 opinion
- Despard v. . ChurchillNew York Court of Appeals · 1873
3Cited by2 opinions
- Waterbury v. Tucker & Carter Cordage Co.New York Court of Appeals · 1897
- Barnes v. MeyerNew York Supreme Court · 1896