Hirshfield v. Ludwig
New York Supreme Court
Appeal from Monroe county court. Actions by Marcus Hirshfield against Maria Ludwig, Josiah. •Sullivan, John H. Foley, and others. From an order in each action confirming the report of a referee, and directing the distribution of surplus moneys arising on a sale in foreclosure, defendant Foley appeals.
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Appeal from Monroe county court. Actions by Marcus Hirshfield against Maria Ludwig, Josiah. •Sullivan, John H. Foley, and others. From an order in each action confirming the report of a referee, and directing the distribution of surplus moneys arising on a sale in foreclosure, defendant Foley appeals. One action was brought to foreclose a first mortgage given by the defendant Ludwig to the plaintiff Hirshfield upon lot No. 22, on Colvin street, in the city of Rochester, and resulted in a surplus of 8575.15. On the 10th, day o£ 'October, 1890, the defendant Ludwig executed a mortgage on said…
1Opinion of the CourtDwight, P. J.
There were two mortgages made by the defendant Ludwig to the plaintiff on several premises on Colvin street, in the city of Rochester. The foreclosure of the first mortgage produced a surplus of $575.15; of the second a surplus of $540.15. The controversy here is between the two defendants Sullivan and Foley in respect to the priority of their respective liens, both having been made defendants, as lienors, subsequent to the plaintiff. The referee to whom the matters in difference in this proceeding were referred found and reported that the defendant Sullivan had liens by virtue of two…
2Cases cited3 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Lauer v. . DunnNew York Court of Appeals · 1889
- Lauer v. DunnNew York Supreme Court · 1889
3Cited by6 opinions
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904
- Kelley v. City of SyracuseNew York Supreme Court · 1894
- A. O. Andersen & Co. v. LambornNew York Supreme Court · 1920
- Armstrong v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1904
- Tolkow v. Metropolitan Life InsuranceCity of New York Municipal Court · 1911
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