Matter of Bd. of Education of New York.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1902, denying an application by the widow and heirs at law of Ernst Hopfensack for an order directing the chamberlain of the city of New York to pay over to them moneys paid into court in this proceeding.. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 23, 1902, denying an application by the widow and heirs at law of Ernst Hopfensack for an order directing the chamberlain of the city of New York to pay over to them moneys paid into court in this proceeding.. The facts, so far as material, are stated in the opinion. The fact that over seven years have elapsed since the disappearance of Ernst Hopfensack is sufficient proof for the granting of the order. (Durando v. Durando, 23 N. Y. 331; Cox v. Ellsworth, 26 N. W. Rep. 460;…
1Opinion of the CourtHaight, J.
The board of education of the city of New York instituted proceedings to acquire certain real property in the borough of Brooklyn belonging to Ernst Hopfensack for a school building. These proceedings were concluded by an award made to Hopfensack as owner for the sum of $15,750, and the same was paid into the Supreme Court and deposited with the chamberlain. There was a mortgage upon the premises held by the German Savings Bank for the sum of three thousand dollars which has been paid by the chamberlain. The balance is now claimed by the petitioners herein, Anna Hopfensack, Charles Hopfensack…
2Cases cited2 opinions
- Eagle's CaseNew York Surrogate's Court · 1856
- King v. PaddockNew York Supreme Court · 1820
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