Hyman v. Hauff
New York Court of Common Pleas
Appeal from special term. In the action of Henry Hyman against Anna Hauff and others for the foreclosure of a mortgage, James Rogers and others filed claims to the surplus fund. Reference was had to try the claims, and determine their priority; and, from the judgment on report of the referee, James Rogers appeals. Affirmed.
1Opinion of the CourtBookstaver, P. J.
In December, 1890, Muller & Hauff, the owners of seven lots of land subject to mortgage, commenced to construct seven buildings thereon. They first made a mortgage to the plaintiff to secure moneys to be advanced upon the buildings as they progressed. Then they made contracts with various parties lor furnishing materials and work upon the houses, among others—First, with the Lorillard Brick-Works Company, for supplying brick; second, with the Buffalo Door & Sash Company, for supplying woodwork and trim; third, with Cassidy & Adler, for plumbing work; and fourth, with Michael McCormack for…
2Cases cited6 opinions
- Lawrence v. . FoxNew York Court of Appeals · 1859
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Witczinski v. EvermanMississippi Supreme Court · 1876
- Lawton v. SagerNew York Supreme Court · 1851
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