de Lima Mayer v. Burr (133 A.D. 604, 1909)

McLaughlin, J.:

This action was brought for the foreclosure of a mortgage upon certain real estate in the city of New York known as Nos. 232-234 West .Eighteenth street. The mortgage was given in 1882 to the Emigrant Industrial Savings Bank and subsequently assigned to the plaintiff. Upon the sale of the premises a surplus of nearly $13,500 was realized. Several parties claimed to have liens on such sum and a referee was appointed to ascertain the amounts and priority thereof. He reported that after the payment of certain expenses three-fourths of the balance should be paid to the respondent Morton Trust Company, as trustee, and one-fourth to the plaintiff, $353.18 with interest from July 25, 1902, to be first paid from the plaintiff’s share to,R.