Prudential Insurance Co. of America v. Hogan

Upon an application to fix the compensation of a referee to sell real property under a judgment in foreclosure, the *197county judge allowed $300 to the referee in addition to fees, commissions and disbursements amounting to $150.15. The asserted authority for the additional compensation is the discretionary provision of section 1546 of the Civil Practice Act. The amount of the mortgage debt as fixed in the judgment with interest to the date of the referee’s report of sale is stated in the report as being $108,155.16. At the sale the property was bid in by the plaintiff for $112,000. Ten per cent…