Union Dime Savings Institution v. . Duryea
New York Court of Appeals
Appeal on the part of defendant, Henry C. Bispham, from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, respecting the distribution of surplus money arising upon a foreclosure sale in this action. (Hem. of decision below, 3 Hun, 210.) The facts sufficiently appear in the opinion. The respondents were bona fide holders of the mortgage for a valuable consideration.
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Appeal on the part of defendant, Henry C. Bispham, from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, respecting the distribution of surplus money arising upon a foreclosure sale in this action. (Hem. of decision below, 3 Hun, 210.) The facts sufficiently appear in the opinion. The respondents were bona fide holders of the mortgage for a valuable consideration. (Cary v. White, 52 N. Y., 138; Weaver v. Barden, 49 id., 286; King v. Harris, 34 id., 330; Brown v. Leavitt, 31 id., 113; Wood v. Obessin, 13 id., 509; Wood v.…
1Opinion of the CourtEabl, J.
This is a controversy about surplus money arising upon the foreclosure of a mortgage. The important facts are as follows: Hay 1, 1871, the defendant Allen conveyed the land to the defendant Keech, subject to the mortgage foreclosed, and took back a mortgage for a portion of the purchase-money. March 17, 1873, defendant Bispham recovered a judgment against Keech for upwards of $1,200, which was on the same day docketed in the county clerk’s office. From this judgment Keech appealed and gives the usual undertaking upon the appeal. July 28, 1873, an order was made by the court directing an entry…
2Cases cited1 opinion
- Weaver v. . BardenNew York Court of Appeals · 1872
3Cited by6 opinions
- Wistar v. FosterSupreme Court of Minnesota · 1891
- Berner v. KayeNew York Court of Common Pleas · 1895
- Harmon v. . HopeNew York Court of Appeals · 1881
- Sistare v. HeckscherNew York Supreme Court · 1891
- Bronner v. LoomisNew York Supreme Court · 1879
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