Harmon v. . Hope
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which affirmed an order of Special Term confirming the report of a referee as to the disposition of surplus moneys arising on sale under the judgment herein. This action was for the foreclosure of a mortgage. The referee reported that John J. Nathans, a judgment creditor of defendant Hope, the mortgagor, was entitled to the surplus arising on the sale.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 11, 1881, which affirmed an order of Special Term confirming the report of a referee as to the disposition of surplus moneys arising on sale under the judgment herein. This action was for the foreclosure of a mortgage. The referee reported that John J. Nathans, a judgment creditor of defendant Hope, the mortgagor, was entitled to the surplus arising on the sale. It appeared that said Nathans’ judgmént was perfected', and transcript.filed in the office of the clerk of the city and county of…
1Opinion of the CourtFinch, J.
This order is sought to be sustained upon two grounds: first, that the effect of the order of July 20, 1880, made by the Court of Common Pleas, vacating its order of November 13, 1878, by which the lien of the Nathans judgment was suspended during appeal was to restore the original lien as against the creditor whose judgment was docketed in the interval; and, second, that Bradley, the assignee of said judgment, did not purchase it in good faith, because not for full value, and is, therefore, not within the protection of the Code (§ 1256). We cannot assent to either proposition. The provisions…
2Cases cited1 opinion
- Union Dime Savings Institution v. . DuryeaNew York Court of Appeals · 1876
3Cited by3 opinions
- Bradshaw v. Provident Trust Co.Oregon Supreme Court · 1916
- People ex rel. Hirsch v. WeissbrodNew York Supreme Court · 1942
- In re LiebermanAppellate Division of the Supreme Court of the State of New York · 1933