Emigrant Industrial Sav'gs B'k v. . Roche
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 10,1883, which affirmed an order of Special Term overruling exceptions to, and confirming the report of a referee as to the disposition of surplus money arising on foreclosure sale herein.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made January 10,1883, which affirmed an order of Special Term overruling exceptions to, and confirming the report of a referee as to the disposition of surplus money arising on foreclosure sale herein. The material facts are stated in the opinion The arrangement made between Hallahan’s assignee and the respondent, his only remaining creditor, for the purpose of putting an end to the trust and relieving the assignee and his sureties from further responsibility, was a mere private agreement, and must…
1Opinion of the CourtEarl, J.
The plaintiff foreclosed a mortgage against Michael Boche, and there was a surplus after satisfying the mortgage. There was a judgment which was a junior incumbrance upon the mortgaged premises, and it is conceded that the owner of that judgment is entitled to the surplus money; and the appellant Kenneally, and the respondent The National Bank of Rondout, each claims to be the owner of the judgment. It has so far been decided that the respondent owns the judgment, and whether there is sufficient evidence to uphold that decision, is the sole question for our determination.
The judgment was…
2Cases cited3 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Platt v. . LottNew York Court of Appeals · 1858
- Holmes v. . HubbardNew York Court of Appeals · 1875
3Cited by13 opinions
- Bock v. PerkinsSupreme Court of the United States · 1891
- Crouse v. . FrothinghamNew York Court of Appeals · 1884
- Burchinell v. MosconiColorado Court of Appeals · 1894
- Cribben v. EllisWisconsin Supreme Court · 1887
- Sprague Investment Co. v. Mouat Lumber & Investment Co.Colorado Court of Appeals · 1899
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