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Rogers v. Menton

47 N.Y.S. 1147 Court N.Y. City Ct. Decision date 1897-10-26 English

Delivered by CONLAN, J.

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p. 1147
ROGERS, Respondent, v. MENTON, Appellant
(City Court of New York, General Term.
October 26, 1897.)

Headnote

Action by Daniel Rogers against Dennis J. Menton.
James J. Fitzgerald, for appellant.
Ennever & Trautman, for respondent.

This is an appeal by the defendant, Dennis J. Menton, from part of an order made at special term, which order set aside a sale of certain property under a judgment foreclosing certain mechanics’ liens against real property. The affidavit shows that the services in examination of the title were worth $50, and also shows that the plaintiff was unaware that Dennis J. Menton had a wife. The order was within the power of the court, and we see no injustice in reimbursing the purchaser from the proceeds of the sale of the property. The order should be affirmed, with costs. SCHUCHMAN, J., concurs.