In re Hunt
District Court, N.D. New York
Review of an order of referee in bankruptcy allowing and establishing as a secured or preferred debt the claim of the Delaware National Bank of Delhi, N. Y., and directing payment thereof to the extent of $3,900 from the proceeds of the real estate of said bankrupt, John A. Hunt.
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Review of an order of referee in bankruptcy allowing and establishing as a secured or preferred debt the claim of the Delaware National Bank of Delhi, N. Y., and directing payment thereof to the extent of $3,900 from the proceeds of the real estate of said bankrupt, John A. Hunt. The trustee insists that for several reasons the mortgage lien on the real estate of the bankrupt is invalid, and not a valid lien thereon as against the trustee in bankruptcy and general creditors, and that the payment of the notes secured to be paid thereby cannot lawfully be directed from such proceeds.
1Opinion of the Court
RAY, District Judge.
June 4, 1903, John A. Hunt, the bankrupt, and Sarah J. Hunt, his wife, of Delhi, N. Y., gave a mortgage on all his real estate to the Delaware National Bank, of the same place, reciting an indebtedness to the bank of $5,000 (in fact it was considerably less), “secured to be paid by their [the mortgagors’]. certain notes,” and “conditioned for the payment of the said sum of'five thousand dollars ($5,000) in the aggregate, and any and all renewals thereof with interest. This mortgage is given as security for the payment of all liability or liabilities of the parties of the…
2Cases cited15 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
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