Metropolitan Life Insurance v. Bendheim

The motion by the referee for additional compensation for services rendered by Mm as. referee to sell under a judgment of foreclosure and sale cannot be granted. The application is founded solely upon the fact that the property was sold for a sum excessive of $10,000, but the operation of section 3297 of the Code of Civil Procedure, providing for extra compensation in such cases, is to be extended only to a case where the referee has actually received more than $10,000 in cash upon the sale. Hosmer v. Gans, 14 Misc. Rep. 229, 32 N. Y. Supp. 471. Here the greater part of the purchase money was…