Legal Opinion

N. Y. Life Insurance v. Mayer

New York Court of Common Pleas

Decided April 15, 1887PublishedCited by 2 opinions

Motion to confirm report of a referee appointed by the court, to determine what claims of creditors are liens upon the surplus arising from the foreclosure of a mortgage in the above entitled action, and their priorities. The material facts sufficiently appear in the opinion.

1Opinion of the CourtBookstaver, J.

On September 24, 1883, Ferdinand Mayer owned individually the equity of redemption in the property sold under foreclosure. At that time he was a member of the firm of F. Mayer & Co., composed of himself and Benjamin Mayer, doing business in the city of Few York.

On that day he and Benjamin Mayer made a general assignment of all their copartnership and individual property, including real and personal estate, for the benefit of creditors.

The original assignee was removed, and finally, Thomas L. James was substituted as assignee, and as such makes claim to these surplus moneys.

In November, 1883,…

2Cases cited28 opinions

  1. Simar v. . CanadayNew York Court of Appeals · 1873
  2. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  3. Wakeman v. GroverNew York Court of Chancery · 1832
  4. Beck v. BurdettNew York Court of Chancery · 1829
  5. McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832

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3Cited by2 opinions

  1. Wilkinson v. PaddockNew York Supreme Court · 1890
  2. Wilkinson v. PaddockNew York Court of Appeals · 1891

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