Edwards v. Bodine
New York Court of Chancery
This was an appeal by the defendants, the executors of Bodine, from an order of the vice chancellor of the first circuit, allowing in part the exceptions of the complainant to a master’s report.' The injunction .master, upon the allowance of an injunction to restrain the defendants from proceeding to sell mortgaged premises, under a decree of foreclosure, took from the complainants a bond with sureties, conditioned to pay to the parties enjoined such damages as they might…
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This was an appeal by the defendants, the executors of Bodine, from an order of the vice chancellor of the first circuit, allowing in part the exceptions of the complainant to a master’s report.' The injunction .master, upon the allowance of an injunction to restrain the defendants from proceeding to sell mortgaged premises, under a decree of foreclosure, took from the complainants a bond with sureties, conditioned to pay to the parties enjoined such damages as they might sustain by reason of the injunction, if the court should eventually decide that the complainants were not equitably…
1Opinion of the Court
The Chancellor.
The master properly allowed, as part of the damages sustained by the issuing of the injunction, the fees for services, in relation to the sale, which the master would have to perform the second time in consequence of the sale being stopped, and also the expense of re-advertising the sale of the mortgaged premises. But the master is not entitled to commissions except where the property, which he is directed by the decree to sell, is actually sold by him. The vice chancellor has, therefore, properly disallowed the charge of ten dollars for half commissions. So much of the taxable…
2Cited by25 opinions
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Bolling v. TateSupreme Court of Alabama · 1880
- Tyng v. . American Surety Co.New York Court of Appeals · 1903
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- McDaniel v. CrabtreeSupreme Court of Arkansas · 1860
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