Dunning v. Ocean National Bank
New York Supreme Court
Appeal from a judgment entered upon the decision of Justice Doolittle at Special Term in Jefferson county. The action was brought to recover the surplus moneys arising from sale of real estate upon mortgage foreclosure. The facts are stated in the opinion.
1Opinion of the Court
By the Court—Johnson, J.
The only question in the case ■is, whether the right of action was barred by the statute of limitations before the action was commenced. The money to recover which this action is brought came to the possession of the defendant on the 2d of July, 1861, by means of the foreclosure of a mortgage, and the purchase by the defendant of the mortgaged premises upon the sale. The purchase .price at the sale, exceeded the amount due on the mortgage and costs of foreclosure, in the sum of $1,833.78. This amount became and was a trust fund under the will of Margaret Dunning. She…
2Cases cited8 opinions
- De Peyster v. ClendiningNew York Court of Chancery · 1840
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Wenman v. Mohawk InsuranceNew York Supreme Court · 1835
- Bucklin v. FordNew York Supreme Court · 1849
- In the Matter of George W. RobinsonNew York Court of Appeals · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Albany Hospital v. . Albany Guardian SocietyNew York Court of Appeals · 1915
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- In re the Estate of MahlstedtNew York Surrogate's Court · 1931
- In re the Estate of JohnstonNew York Surrogate's Court · 1937
- Casperson v. DunnNew Jersey Court of Chancery · 1886
5 more not listed; retrieve them via the Exa API.