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Cooper v. Wisselthier

123 N.Y.S. 1112 Court N.Y. App. Div. Decision date 1910-06-03 English

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p. 1112
COOPER v. WISSELTHIER et al.
(Supreme Court, Appellate Division, First Department.
June 3, 1910.)

Headnote

Appeal from Special Term, New York County. Action by Hene Cooper against Jossef Wisselthier and others. From "portions of an order directing payments out of the funds in the hands of a receiver in mortgage foreclosure proceedings, defendants Gustav Lange and another appeal. Modified and affirmed. See, also, 120 N. Y. Supp. 1119 . Gustav Lange, Jr., for appellants. Charles Firestone, for respondent.

Order appealed from modified, by reducing the amount of the receiver’s commissions from $96.05 to $68.84, being 5 per cent, of the amount collected, $1,376.75, and by striking out as a necessary disbursement $119.-48, claimed to have been paid as insurance premiums, and, as so modified, affirmed, with costs to the appellant.