Cazet v. . Hubbell
New York Court of Appeals
Appeal by Alrick Hubbell from an order of the Supreme Court, in the Eighth district, affirming an order at Special Term, requiring the Appellant to pay to the treasurer of Monroe county, subject to the order of the Court, the unpaid balance of his bid, on a purchase under a judgment of foreclosure, amounting to §6,362.55, with interest from the 14th of July, 1849; being the surplus moneys on such sale claimed by the Respondents Cazet, Putnam, Hamilton and others, who were…
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Appeal by Alrick Hubbell from an order of the Supreme Court, in the Eighth district, affirming an order at Special Term, requiring the Appellant to pay to the treasurer of Monroe county, subject to the order of the Court, the unpaid balance of his bid, on a purchase under a judgment of foreclosure, amounting to §6,362.55, with interest from the 14th of July, 1849; being the surplus moneys on such sale claimed by the Respondents Cazet, Putnam, Hamilton and others, who were judgment creditors of the mortgagor. It appeared by the papers on which the motion was founded, that Cazet and Astoin, two…
1Opinion of the CourtPorter, J.
The Appellant acquired his title to the mortgaged premises under a judgment which directed that the surplus moneys should be paid into court. He took the benefit of the purchase, but by a secret and collusive arrangement with the sheriff' he retained the surplus, amounting to $6,362.55, with interest from the 14th of July, 1849. That officer had no authority to remit the payment of any portion of the price, or to accept a note to himself in extinguishment of the Appellant’s obligation. By becoming the purchaser, Alrick Hubbell, though not named as a party in the action, submitted himself to…
2Cases cited3 opinions
- Requa v. ReaNew York Court of Chancery · 1831
- Executors of Brasher v. CortlandtNew York Court of Chancery · 1817
- Brown v. AndrewsNew York Supreme Court · 1847
3Cited by27 opinions
- Hale v. . ClausonNew York Court of Appeals · 1875
- Kirby v. Circuit CourtSouth Dakota Supreme Court · 1897
- Burton v. LinnAppellate Division of the Supreme Court of the State of New York · 1897
- Wright v. CaprarellaAppellate Division of the Supreme Court of the State of New York · 1923
- Archer v. . ArcherNew York Court of Appeals · 1898
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