This section contains the nature of the case and procedural background.

Raab (P) bought a house on which Bowery (D) was the mortgagee. P was required to make monthly payments into an escrow account out of which taxes and other assessments on the house were paid. The amount paid in exceeded the amounts paid out and by 1973, there was a surplus in the account of $731.87. P sued in small claims for interest for the monies sitting in the account since 1965.

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