Walter v. Peninsula Cut Stone Co.
Court of Chancery of Delaware
Exceptions -as to Allowance of Interest on Two Mortgages. A receiver for the defendant company having heretofore been appointed, in due course of administration of its affairs, claims against said company were filed, among them being claims for city and county taxes. The holders of two mortgage liens against the same real estate also filed claims for the principal thereof and interest .to the date of payment and exceptions were filed by the receiver to the interest claims.
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Exceptions -as to Allowance of Interest on Two Mortgages. A receiver for the defendant company having heretofore been appointed, in due course of administration of its affairs, claims against said company were filed, among them being claims for city and county taxes. The holders of two mortgage liens against the same real estate also filed claims for the principal thereof and interest .to the date of payment and exceptions were filed by the receiver to the interest claims. After the filing of these claims the receiver was ordered to sell the real estate free and clear of all liens created by…
1Opinion of the Court
The Chancellor:
The affairs of the Peninsula Cut Stone Company have been fully administered by a Receiver appointed by this Court on the ground of insolvency. From the report of the receiver it appears that the assets have all been converted and about $3,000 obtained from the personal property and assets other than real estate, and $20,500 from a sale of th? real estate. By order of the Court the real estate was sold clear of liens created by or recovered against the insolvent company and the liens were transferred to the fund. Upon the real estate there were two mortgages made by the…
2Cases cited14 opinions
- Coder v. ArtsSupreme Court of the United States · 1909
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- People v. . American Loan Trust Co.New York Court of Appeals · 1902
- Central Trust Co. v. CondonCourt of Appeals for the Sixth Circuit · 1895
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3Cited by5 opinions
- Ferris v. Chic-Mint Gum Co.Court of Chancery of Delaware · 1924
- Thomsen v. CullenWisconsin Supreme Court · 1928
- Coppage v. ColemanCourt of Appeals of Maryland · 1971
- Frazer v. Consolidated Novelty Co.Court of Chancery of Delaware · 1929
- Hegarty v. American Commonwealths Power Corp.Court of Chancery of Delaware · 1932