Legal Opinion

In re the Liquidation of New York Title & Mortgage Co.

New York Supreme Court

Decided June 8, 1937PublishedCited by 2 opinions

1Opinion of the CourtFrankenthaler, J.

The petitioners possess trust claims against the title company and its liquidator, arising from the company’s wrongful recoupment of rents received from mortgaged properties while arrears of taxes, assessments and similar charges existed. (Matter of New York Title & Mortgage Co. [Series F-1], 162 Misc. 117; Matter of New York Title & Mortgage Co. [Series F-1], 163 id. 383.) They now seek an adjudication that the claims for breach of trust held by them “ are and constitute preferred claims ” on the property of the title company in the possession of its liquidator,' or, in the alternative, a…

2Cases cited4 opinions

  1. Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
  2. Matter of People (Lawyers Title Guar. Co.)New York Court of Appeals · 1934
  3. Atkinson v. . Rochester Printing Co.New York Court of Appeals · 1889
  4. In re the Liquidation of New York Title & Mortgage Co.New York Supreme Court · 1936

3Cited by2 opinions

  1. Hamberg v. Guaranteed Mortgage Co.New York Supreme Court · 1942
  2. In re the Liquidation of New York Title and Mortgage Co.New York Supreme Court · 1939

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