Ellis v. Salomon
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Jennie Heinemann, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings oh the lath day of October, 1900, sustaining exceptions filed to the report of a referee in surplus proceedings and awarding the surplus to the defendant Catharine F; Salomon as against the appellant, Jennie Heinemann, and from the whole of said order, except- that part thereof which directs the…
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Appeal by the claimant, Jennie Heinemann, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings oh the lath day of October, 1900, sustaining exceptions filed to the report of a referee in surplus proceedings and awarding the surplus to the defendant Catharine F; Salomon as against the appellant, Jennie Heinemann, and from the whole of said order, except- that part thereof which directs the payment of part of the surplus to the defendants Sarah E. Hunter and William Lambert.
1Opinion of the Court
Jenks, J.:
This is an appeal by Mrs. Heinemann from an order of the Special Term sustaining the exceptions to a report of a referee in surplus proceedings and directing payment of the surplus to Mrs. Salomon. On July 6, 1900, Mrs. Salomon and Mrs. Heinemann made a written contract, whereby the former person agreed to exchange the premises in suit for certain premises of the latter person and $1,000. The date set for performance was July 16, 1900. At the time of signing the contract Mrs. Salomon’s realty was advertised for sale on July 12,1900, pursuant to a decree of foreclosure and sale under…
2Cases cited10 opinions
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Nutt v. . CumingNew York Court of Appeals · 1898
- Haffey v. . LynchNew York Court of Appeals · 1894
- Morss v. ElmendorfNew York Court of Chancery · 1844
- Northridge v. . MooreNew York Court of Appeals · 1890
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3Cited by4 opinions
- Davison v. MacDonaldNew York Supreme Court · 1925
- NYCTL 1998-1 Trust v. GabbayNew York Supreme Court · 2007
- Taylor v. DutcherAppellate Division of the Supreme Court of the State of New York · 1901
- Taylor v. DutcherAppellate Division of the Supreme Court of the State of New York · 1901