Hyman v. . Hauff
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas for the city and county of Hew York, made February 6, 1893, which affirmed an order of Special Term confirming the report of a referee directing the distribution of surplus moneys in an action brought for the foreclosure of a mortgage. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
This was a controversy between subsequent lienors as to the right to surplus moneys arising upon foreclosure sale in the action. Two of the defendants owned seven lots in the city of 27ew York, upon which they desired to construct seven dwellings. They first gave a mortgage to the plaintiff to secure the payment of money advanced or to be advanced diu'ing the progress of the work. They sub sequently made contracts witli various parties for materials and work to be delivered and performed in the future, as specified in the contracts, and executed bonds and mortgages, absolute on their face,…
2Cases cited3 opinions
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Collins v. CarlileIllinois Supreme Court · 1851
- Boswell v. GoodwinSupreme Court of Connecticut · 1862
3Cited by27 opinions
- Davis v. Ivey and EstesSupreme Court of Florida · 1927
- Willson v. Boise CityIdaho Supreme Court · 1911
- Landers-Morrison-Christenson Co. v. Ambassador Holding Co.Supreme Court of Minnesota · 1927
- Cedar v. W. E. Roche Fruit Co.Washington Supreme Court · 1943
- Huntington v. KneelandAppellate Division of the Supreme Court of the State of New York · 1905
22 more not listed; retrieve them via the Exa API.