Cope v. . Wheeler
New York Court of Appeals
This is an appeal from a judgment of the General Term of the Supreme Court, in the. sixth judicial district, affirming a judgment entered on the verdict of a jury at the Otsego Circuit. The original parties to the action were John HcCraney and Elizabeth P. HcCraney as plaintiffs, and Julius T. Alden, defendant.
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This is an appeal from a judgment of the General Term of the Supreme Court, in the. sixth judicial district, affirming a judgment entered on the verdict of a jury at the Otsego Circuit. The original parties to the action were John HcCraney and Elizabeth P. HcCraney as plaintiffs, and Julius T. Alden, defendant. The action was to recover surplus moneys in the hands of defendant, arising on a foreclosure sale of mortgaged premises; the defence was a claim to such surplus by virtue of a subsequent mortgage held by defendant on the same premises; the reply to this defence, was that said…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] This action was properly continued in the name of the plaintiffs. The surplus was personal property and belonged to the plaintiffs jointly, and the interest of the plaintiff, John, on his death passed to his representatives.
The form of the action was also proper. Where money has been received, which in equity belongs to another, an…
2Cases cited2 opinions
- Jacks v. . NicholsNew York Court of Appeals · 1851
- Cope v. AldenNew York Supreme Court · 1867
3Cited by21 opinions
- Bennett v. . BatesNew York Court of Appeals · 1884
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Manhattan Life Ins. Co. v. . JohnsonNew York Court of Appeals · 1907
- Shaffer v. BaconAppellate Division of the Supreme Court of the State of New York · 1898
- Sheldon v. . HaxtunNew York Court of Appeals · 1883
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