Legal Opinion

People v. E. Remington & Sons

New York Supreme Court

Decided February 15, 1891PublishedCited by 5 opinions

Appeal from special term, Jefferson county. Action by the people of the state of New- York against E. Remington & Sons. The receivers of E. Remington & Sons, an insolvent corporation, appeal from an order of the Jefferson special term, made October 25, 1890, and entered in Herkimer county prior to November 8, 1890, by which it is ordered and adjudged “that the said Ilion National Bank is, as matter of law, entitled to have allowed and paid to it interest upon the sum of…

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Appeal from special term, Jefferson county. Action by the people of the state of New- York against E. Remington & Sons. The receivers of E. Remington & Sons, an insolvent corporation, appeal from an order of the Jefferson special term, made October 25, 1890, and entered in Herkimer county prior to November 8, 1890, by which it is ordered and adjudged “that the said Ilion National Bank is, as matter of law, entitled to have allowed and paid to it interest upon the sum of $48,351.82 at rate of six per cent, per annum, from March 10, 1889, to July 10, 1890, being the interest upon the amount of…

1Opinion of the CourtMerwin, J.

The Ilion National Bank was a creditor of E. Remington & Sons, and its debt was established and allowed by and before the referee appointed to hear and establish the claims of creditors, at the sum of $195,525.56. The report and findings of the referee were filed January 2, 1889. The bank held some collaterals, and it was claimed by the receivers before the referee that these should be exhausted, and the proceeds applied on the debt, and the balance only be allowed as the claim upon which dividends would be made. The bank claimed that it had the right to prove its entire debt without…

2Cases cited3 opinions

  1. Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
  2. People v. E. Remington & SonsNew York Court of Appeals · 1890
  3. People v. E. Remington & SonsNew York Supreme Court · 1889

3Cited by5 opinions

  1. Johnston & Cheek v. GreenSupreme Court of Virginia · 1904
  2. Bank of Roxie v. LamptonMississippi Supreme Court · 1913
  3. Republic Realty Co. v. Phoenix Savings & Loan Ass'nCourt of Appeals of Maryland · 1968
  4. In re Coatesville Trust Co., Pennsylvania Court of Common Pleas, Chester County1934
  5. Republic v. PHOENIX S. & L. ASS'NCourt of Appeals of Maryland · 1968

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