Corporate Investing Co. v. Mount Vernon Metal Products Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mount Vernon Company, Silversmiths, Inc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of November, 1922, confirming the report of a referee in surplus money proceedings and directing distribution of the surplus.
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Appeal by the defendant, The Mount Vernon Company, Silversmiths, Inc., from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of November, 1922, confirming the report of a referee in surplus money proceedings and directing distribution of the surplus. The controversy in these surplus money proceedings is between the Mount Vernon Company, Silversmiths, Inc. (hereinafter referred to as the Silversmiths Company), and the Mount Vernon Metal Products Company, Inc. (hereinafter referred to as the…
1Opinion of the Court
Kelby, J.:
The question argued on this appeal is whether a referee in surplus proceedings has general equitable jurisdiction to entertain claims which are purely equitable in nature, or, as contended by the Products Company, his jurisdiction is limited to the allowance of liens wMch are stietly legal, with equitable jurisdiction only extending to consider matters in avoidance of, or defense to, such legal claims, as, for instance, fraud in the origin thereof. In Bergen v. Carman (79 N. Y, 146, 151) the Court of Appeals announced the rule that since the object of the reference was to ascertain…
2Cases cited5 opinions
- Henry v. . HerringtonNew York Court of Appeals · 1908
- Bergen v. . CarmanNew York Court of Appeals · 1879
- Cornell v. BonsallAppellate Division of the Supreme Court of the State of New York · 1917
- Crombie v. RosentockThe Superior Court of New York City · 1887
- Mount Vernon Co. v. Mount Vernon Metal Products Co.Appellate Division of the Supreme Court of the State of New York · 1922
3Cited by14 opinions
- Pierre Associates Inc. v. Citizens Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1969
- Davison v. MacDonaldNew York Supreme Court · 1925
- Shankman v. HoroshkoAppellate Division of the Supreme Court of the State of New York · 2002
- Hanover Estates, lnc. v. FinkelsteinCity of New York Municipal Court · 1949
- In re SullivanAppellate Division of the Supreme Court of the State of New York · 1942
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