Boyd v. Dodge

New York Court of Chancery

Boyd v. Dodge

10 Paige Ch. 42, 1843 N.Y. LEXIS 529, 1843 N.Y. Misc. LEXIS 55

CourtNew York Court of Chancery

DecidedJanuary 4, 1843

StatusPublished

Cited by3 cases

This text of 10 Paige Ch. 42 (Boyd v. Dodge) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyd v. Dodge, 10 Paige Ch. 42, 1843 N.Y. LEXIS 529, 1843 N.Y. Misc. LEXIS 55 (N.Y. 1843).

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Opinion

The Chancellor

said the defendant Burtis, as a prior mortgagee, was entitled to his whole costs, including the costs of his answer, to he first paid out of the proceeds of [43]*43the mortgaged premises, or to be paid by the complainant personally, in the discretion of the court; that in ordinary cases it was not necessary to- call for an answer from the prior mortgagee as to the amount due upon his mortgage, but the amount should be left to be settled by the master upon the usual order of reference, under the 134th rule of the court • and that if the complainant called for an answer from the prior mortgagee without any sufficient cause, he ought to be charged with the extra costs occasioned thereby, to be paid by him personally.

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The Chancellor

said the defendant Burtis, as a prior mortgagee, was entitled to his whole costs, including the costs of his answer, to he first paid out of the proceeds of [43]*43the mortgaged premises, or to be paid by the complainant personally, in the discretion of the court; that in ordinary cases it was not necessary to- call for an answer from the prior mortgagee as to the amount due upon his mortgage, but the amount should be left to be settled by the master upon the usual order of reference, under the 134th rule of the court • and that if the complainant called for an answer from the prior mortgagee without any sufficient cause, he ought to be charged with the extra costs occasioned thereby, to be paid by him personally.

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Bluebook (online)

10 Paige Ch. 42, 1843 N.Y. LEXIS 529, 1843 N.Y. Misc. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyd-v-dodge-nychanct-1843.

Opinion

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