Bodine v. . Moore
New York Court of Appeals
Appeal from the Supreme Court. The action was to recover surplus money received by the defendants upon a mortgage sale. The facts are sufficiently stated in the following opinion. The cause was' tried before Mr. Justice Harris without a jury, and he ordered judgment dismissing the complaint. The judgment having been affirmed upon appeal at general term in the third district, the plaintiff appealed to this court. The case was submitted on printed arguments.
1Opinion of the CourtComstock, J.
The defendants have in their hands the sum of $687.18, being surplus moneys arising upon a sale of certain real estate of one Schoonmaker, under a mortgage given by him in May, 1851. The sale was under the power contained in the mortgage and without judicial proceed* ings. It took place November 8th, 1855. The above sum was the- surplus remaining after paying the mortgage and all judgments against Schoonmaker older than those recovered by the defendants. The defendants recovered judgments against him, November 11th, 1854, amounting to $1,060.63, in virtue of which they claim a right to retain…
2Cases cited3 opinions
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