In re Dooner & Smith
District Court, D. New Jersey
In Bankruptcy. In the matter of the bankruptcy of Dooner & Smith. Petition by the Liberty Trust Company to require Nicholas Bindseil, trustee in bankruptcy, to apply, in liquidation of its mortgage, rents collected between adjudication and sale of the mortgaged property under foreclosure proceedings was denied. On proceedings to review order of referee.
1Opinion of the Court
DAVIS, District Judge.
The Liberty Trust Company, petitioner herein, on December, 19, 1914, when the Dooner & Smith Company was adjudicated a bankrupt, held a third mortgage against certain real estate belonging to the bankrupt. Nicholas Bindseil, trustee in bank*985ruptcy, collected the rents from the mortgaged premises from the adjudication until the sale of the same under foreclosure proceedings of the said mortgage on March 4, 1916. The sale was made subject to the first and second mortgages. Not sufficient money was realized from the sale to pay the third mortgage indebtedness. A deficiency…
2Cases cited17 opinions
- Wiswall v. SampsonSupreme Court of the United States · 1853
- Freedman's Saving & Trust Co. v. ShepherdSupreme Court of the United States · 1888
- Teal v. WalkerSupreme Court of the United States · 1884
- United States Trust Co. v. Wabash Western Railway Co.Supreme Court of the United States · 1893
- Kountze v. Omaha Hotel Co.Supreme Court of the United States · 1883
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3Cited by3 opinions
- Associated Co. v. GreenhutCourt of Appeals for the Third Circuit · 1933
- Traphagen v. FlemingCourt of Appeals for the Seventh Circuit · 1946
- In re New York State Rys.District Court, N.D. New York · 1936