Rosenberg v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Susan S. Wilson, from an order- of-the Supreme. Court,- made at the Richmond Special Term and entered in the office of the clerk of the county of Richmond on the 23d day - • of January, 1901, confirming the report of a referee in surplus money proceedings. . '
1Opinion of the Court
Miller, J.:
This is a dispute over' surplus moneys, arising from a mortgage ' foreclosure between the appellant, Susan S. Wilson, holder-of the . legal title, and the respondent, Charles Rosenberg, who claims to ' have been the .equitable owner of tlie property by virtue of a contract of purchase and sale made • between him and said appellant. The facts are undisputed. The referee found that the appellant, . the owner pf flip property, made a written contract te sell the game *555to the respondent. This contract was subsequently modified by a parol agreement made necessary by a mutual mistake…
2Cases cited3 opinions
- Witbeck v. . WaineNew York Court of Appeals · 1858
- Sokolski v. ButtenwieserAppellate Division of the Supreme Court of the State of New York · 1904
- Sokolski v. . ButtenwieserNew York Court of Appeals · 1906
3Cited by1 opinion
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923