Matter of City of Rochester
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 14, 1892, which affirmed an. order of Special Term confirming the report of a referee as to the distribution of a fund deposited to the credit of the above-entitled proceeding.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 14, 1892, which affirmed an. order of Special Term confirming the report of a referee as to the distribution of a fund deposited to the credit of the above-entitled proceeding. This was a motion on behalf of Alexander M. Holden, to be allowed to intervene in the above-entitled proceeding and file a notice of his claim upon an award made for certain water rights taken by the city of Rochester for the purpose of increasing its supply of water. The facts, so far as material, are stated in the…
1Opinion of the CourtFinch, J.
The questions involved in this appeal arise from a struggle among creditors for a priority of payment out of a fund paid into court by the city of Rochester as compensation for a water right, taken from the landowner by condemnation proceedings. The fund was once awarded to William Hamilton in a contest between him and the executor of the landowner, but to which Alexander M. Holden was not a party. Before the money was paid over to Hamilton, Holden intervened, asserting a priority of equitable lien, and pending that litigation and because of it, the fund was transferred from the savings bank…
2Cases cited1 opinion
- Matter of City of RochesterNew York Court of Appeals · 1888
3Cited by36 opinions
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Matter of City of New York (Houghton Ave.)New York Court of Appeals · 1934
- City of Chicago v. SalingerIllinois Supreme Court · 1943
- Hill v. WineAppellate Division of the Supreme Court of the State of New York · 1898
- Irving Trust Co. v. HughesAppellate Division of the Supreme Court of the State of New York · 1933
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