Bevier v. Schoonmaker
New York Supreme Court
Appeal from judgment entered upon the decision of the judge at the circuit. The defendant, Hiram Schoonmaker, purchased, a mortgage in May, 1863, against one John Winfield, .for the purpose of foreclosing the same, and in a few days commenced the foreclosure thereof by advertisement under the statute.
Read the full summary
Appeal from judgment entered upon the decision of the judge at the circuit. The defendant, Hiram Schoonmaker, purchased, a mortgage in May, 1863, against one John Winfield, .for the purpose of foreclosing the same, and in a few days commenced the foreclosure thereof by advertisement under the statute. The premises covered by the mortgage had been sold about a year before that, at a sheriff's sale, under execution against John Winfield, the mortgagor, and the plaintiffs in this action had become the owners of the sheriff’s certificate of sale. The mortgage sale was made on the 29th day of…
1Opinion of the Court
By the court, Miller, J.
The plaintiffs were clearly entitled to the surplus moneys which remained in the hands of Hiram Sehoonmaker, upon the foreclosure sale, after the payment of his mortgage. This money certainly did not belong to Sehoonmaker. The plaintiffs demanded it of Sehoonmaker after the sale, and he refused to pay it to them, assigning no reason whatever for his refusal. Under such circumstances, an action could be maintained by the plaintiffs against Sehoonmaker, for the money thus unlawfully retained. And unless some good cause is assigned for the refusal to pay the plaintiffs…
2Cited by3 opinions
- Syracuse Savings Bank v. StokesNew York Supreme Court · 1911
- Ridenour v. ShidelerAppellate Court of Illinois · 1880
- Hyman v. HauffNew York Court of Common Pleas · 1893