Mutual Life Insurance v. Nicholas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Jennie Clarkson Home for Children, and the claimants, Lillie McGovern and another, from an ordei of the Supreme Court, made at the New York Sp.'.-¡l Term and' entered in the office of' the clerk of the county of New York on the 1st day of November, 1910, confirming the report of a referee and directing a distribution of surplus moneys realized on a foreclosure sale. '
1Opinion of the Court
Miller, J.:
On the 22d of December, 1908, .George Nicholas borrowed $30,000 from the Lincoln National Bank, and to secure the payment of it executed and delivered a deed to Charles E. Warren, who was then cashier of the bank, and Who gave back a letter, stating that the deed was to be held in escrow for the protection of a certain number of notes of the grantor amounting -to $30,000, and that on the settlement of said obligation in full, he, Warren, would redeed the property. The premises in question were sold on the foreclosure of a prior mortgage, and this is a contest over the surplus…
2Cases cited3 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Henricus v. . EnglertNew York Court of Appeals · 1893
- Bean v. FlintAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by14 opinions
- American City Bank of Tullahoma v. Western Auto Supply Co.Court of Appeals of Tennessee · 1981
- Ditzen v. GivenSupreme Court of Kansas · 1934
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Commonwealth Land Title Insurance v. LituchyAppellate Division of the Supreme Court of the State of New York · 1990
- In re Mechanics' BankAppellate Division of the Supreme Court of the State of New York · 1913
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