Manhattan Life Ins. Co. v. . Johnson
New York Court of Appeals
Appeal from <>an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1906, which affirmed an order of Special Term overruling exceptions to the report of a r-eferee in surplus money proceedings and confirming such report. The facts, so far as material, are stated in the opinion. The deed by virtue of which Kellogg claims a lien upon the surplus is usurious and void.
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Appeal from <>an order of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1906, which affirmed an order of Special Term overruling exceptions to the report of a r-eferee in surplus money proceedings and confirming such report. The facts, so far as material, are stated in the opinion. The deed by virtue of which Kellogg claims a lien upon the surplus is usurious and void. (1 R. S. 771, § 1; L. 1879, eh. 538, § 1; 1 R. S. 772, § 5; L. 1837, eh. 430, § 1; Chapman v. Robertson, 6 Paige, 627; Levy v. Levy, 33 N. Y. 97; Hosford v. Nichols, 1 Paige,…
1Opinion of the Court
Gíbay, J.
This is a proceeding for the disposition of certain surplus moneys arising upon the sale of lands in the city of 27ew York, made pursuant to a decree in foreclosure of the plaintiff’s mortgage. The property had been deeded to Kellogg, this respondent, by Dewey, this appellant, as collateral security for the payment of the latter’s notes. The parties were residents of Springfield, Massachusetts, and the loans of moneys to Dewey were made upon his notes, which were dated and delivered there and made payable at a bank in that city. One of the notes thus given represented a bonus to…
2Cases cited8 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Chapman v. RobertsonNew York Court of Chancery · 1837
- Coghlan v. South Carolina RailroadSupreme Court of the United States · 1891
- Dickinson v. . EdwardsNew York Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Cochran v. EllsworthCalifornia Court of Appeal · 1954
- Walker v. LovittIllinois Supreme Court · 1911
- Westchester Mortgage Co. v. Grand Rapids & Ionia RailroadNew York Court of Appeals · 1927
- Jones v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1936
- Patterson v. WymanSupreme Court of Minnesota · 1919
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