Carter v. Builders' Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Carter, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lltlx day of February, 1909, directing the plaintiff to pay a certain sum incurred by the referee, or, in default, that a commitment issue.
1Opinion of the Court
McLaughlin, J.:
This action was brought to foreclose a mortgage upon real estate. The respondent was appointed referee to sell, and incurred certain expenses in advertising and selling. The purchaser at the sale refused to take title, on the ground that the notice of sale was defective. This was conceded and the premises readverstied,, but a second sale has not talceu place. There are prior liens upon the property, and the referee considered it at least doubtful whether upon the resale enough would be realized to pay the expenses already incurred. He requested the plaintiff to advance this…
2Cases cited3 opinions
- Fischer v. . RaabNew York Court of Appeals · 1880
- Morrow v. McMahonAppellate Division of the Supreme Court of the State of New York · 1902
- Perkins v. TaylorThe Superior Court of New York City · 1863
3Cited by4 opinions
- In re the Judicial Settlement of the Account of Proceedings of DunnAppellate Division of the Supreme Court of the State of New York · 1914
- Carter v. Builders' Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kasnowitz v. EdsonAppellate Division of the Supreme Court of the State of New York · 1931
- Schilt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909