Day v. . Town of New Lots
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 11, 1885, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported 36 Him, 263.) The nature of the action and the material facts are stated, in the opinion. The plaintiff had no interest in the surplus money.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 11, 1885, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. (Reported 36 Him, 263.) The nature of the action and the material facts are stated, in the opinion. The plaintiff had no interest in the surplus money. (36 Hun, 266.) As no requests to find were submitted by the plaintiff, and no exceptions were or could have been taken to the refusal of the court to find, this court is confined to the state of facts as presented in the…
1Opinion of the Court
Ruger, Ch. J.
The complaint states the following facts as the foundation of the plaintiff’s claim against the defendant, viz.: That the plaintiff purchased certain lands in the town of New Lots, described in the complaint, upon a foreclosure sale for the sum of $7,600, and paid that sum, being the amount of his bid, to the referee appointed to make the sale; that said referee made the payments directed by the decree of foreclosure to be made from such purchase-money, and that there was a surplus arising from such sale over and above such payments of $2,497.18, which was deposited by the…
2Cases cited5 opinions
- Wright v. . DelafieldNew York Court of Appeals · 1862
- Horn v. . Town of New LotsNew York Court of Appeals · 1880
- Hays v. . MillerNew York Court of Appeals · 1877
- Comstock v. AmesNew York Court of Appeals · 1867
- McGregor v. BuellNew York Court of Appeals · 1863
3Cited by43 opinions
- Munoz v. . WilsonNew York Court of Appeals · 1888
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
- Dunham v. . TownshendNew York Court of Appeals · 1890
- Lamphere v. . LangNew York Court of Appeals · 1915
- Woolsey v. Trustees of the Village of EllenvilleNew York Supreme Court · 1893
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