Granite State Provident Ass'n v. McHugh

New York Supreme Court

Granite State Provident Ass'n v. McHugh

34 N.Y.S. 341, 95 N.Y. Sup. Ct. 617, 68 N.Y. St. Rep. 266

DecidedJune 14, 1895

StatusPublished

This text of 34 N.Y.S. 341 (Granite State Provident Ass'n v. McHugh) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Granite State Provident Ass'n v. McHugh, 34 N.Y.S. 341, 95 N.Y. Sup. Ct. 617, 68 N.Y. St. Rep. 266 (N.Y. Super. Ct. 1895).

Pincite

Opinion

BROWN, P. J.

This is an appeal from an order resettling a decree of foreclosure. McHugh had a mechanic’s lien upon the mortgaged premises, which attached after $10,500 had been advanced on plaintiff’s mortgage. After the lien was filed, other advances were made on the mortgage, up to $15,000. The court decided that McHugh’s lien and his costs must be paid after the plaintiff was paid $10,500 and his costs. By inadvertence, he gave an allowance [342]*342of $200 to the plaintiff, to be paid before McHugh’s lien and costs.. The decree, as resettled, corrects this, and makes the allowance payable after McHugh is paid. This is right. It was discretionary, at all events, with the trial court; and the order should be affirmed, with $10 costs and disbursements. All concur.

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BROWN, P. J.

This is an appeal from an order resettling a decree of foreclosure. McHugh had a mechanic’s lien upon the mortgaged premises, which attached after $10,500 had been advanced on plaintiff’s mortgage. After the lien was filed, other advances were made on the mortgage, up to $15,000. The court decided that McHugh’s lien and his costs must be paid after the plaintiff was paid $10,500 and his costs. By inadvertence, he gave an allowance [342]*342of $200 to the plaintiff, to be paid before McHugh’s lien and costs.. The decree, as resettled, corrects this, and makes the allowance payable after McHugh is paid. This is right. It was discretionary, at all events, with the trial court; and the order should be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

34 N.Y.S. 341, 95 N.Y. Sup. Ct. 617, 68 N.Y. St. Rep. 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/granite-state-provident-assn-v-mchugh-nysupct-1895.