East River National Bank v. McCaffrey
New York Surrogate's Court
On a petition for a sale of real estate for the purpose of paying debts, filed by the administrator, a referee was appointed to take proof of the claims' against the estate, which might be presented, and report thereon.
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On a petition for a sale of real estate for the purpose of paying debts, filed by the administrator, a referee was appointed to take proof of the claims' against the estate, which might be presented, and report thereon. The referee reported the proof, on which the question was raised as to a claim of the East River National Bank, for an alleged deficiency on the foreclosure of a mortgage executed by decedent to one Harriot, for the sum of $2,824.55, which mortgage was foreclosed by said Harriot, the property sold, and the deficiency ascertained to be the sum aforesaid. The mortgage, with the…
1Opinion of the Court
The Surrogate.
— The evidence sufficiently shows that the mortgage in question was executed by the deceased on the purchase of property by her for the purchased price, and I see no reason why her estate is not liable to pay the deficiency arising from the foreclosure in question, except so far as that deficiency arose by reason of the costs and allowances on foreclosure, which, it is claimed, should be deducted from the alleged deficiency, under the authority of Wood v. Byington (2 Barb. Ch., 387); and Sanford v. Granger (12 Barb., 392). These cases are made to turn on the peculiar language of…
2Cases cited3 opinions
- Ball v. MillerNew York Supreme Court · 1858
- Wood v. ByingtonNew York Court of Chancery · 1847
- Sanford v. GrangerNew York Supreme Court · 1852
3Cited by1 opinion
- Hurd v. CallahanNew York Surrogate's Court · 1881