Eagle Fire Co. v. Flanagan
New York Court of Appeals
It appeared by the report of the master that he had paid into court the sum of $1,406.77, for surplus moneys arising upon the sale of the mortgaged premises in this cause. On filing a notice of claim of William Duff to the whole, or some part of said surplus moneys, a reference was ordered to Thos.
Read the full summary
It appeared by the report of the master that he had paid into court the sum of $1,406.77, for surplus moneys arising upon the sale of the mortgaged premises in this cause. On filing a notice of claim of William Duff to the whole, or some part of said surplus moneys, a reference was ordered to Thos. Addis Emmet, Esq., the master, to ascertain and report the amount due to said Duff, or to any other person, which was a lien upon said surplus moneys, and to ascertain the priorities of the several liens thereon, &c. The evidence of the first claim introduced was made by Holbert Smales, Esq., upon…
1Opinion of the Court
Decision.—Judgment affirmed—unanimously.
Note.—In. the absence of any written opinion or grounds of decision in this case, either by the vice chancellor, the chancellor, or this court, it is fair to presume, that the grounds of the decision expressed by the vice chancellor and the chancellor to the respondent’s attorney at the time such decisions were made, were the grounds adopted by this court, to wit: that no usury was proved against the respondent, Duff. •
Not reported.
2Cited by1 opinion
- In re DakinDistrict Court, S.D. New York · 1879