Mutual Life Insurance v. Cockerill
Appellate Division of the Supreme Court of the State of New York
Appeal by Hamilton M. Dawes, as trustee in bankruptcy of JohnF. Cockerill, one of the defendants, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of March, 1912, denying a motion in surplus money proceedings.
1Opinion of the Court
McLaughlin, ¿T.:
This action was brought to foreclose a mortgage upon real estate. The plaintiff had a judgment and at the sale had therexmder more than sufficient was realized to pay off the mortgage and the surplus was deposited with the city chamberlain to be paid to such persons as might he entitled thereto. Upon the application of the respondent — the Colonial Bank, the holder of a' second mortgage — an order was made appointing a referee to determine the validity and priority of claims to the surplus moneys. Prior to the hearing before the referee a trustee of the owner of the equity of…
2Cited by1 opinion
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