Mechanics' & Farmers' Bank of Albany: Appeal from Probate
Supreme Court of Connecticut
Appeal from a decree of the probate court of the district of Farmington, ordering the payment of a dividend on the assigned estate of John T. Norton of Farmington. The appellants, who were a banking corporation located at Albany in the state of New York, presented to the commissioners on the estate a large claim for which they held a mortgage on real estate in Albany.
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Appeal from a decree of the probate court of the district of Farmington, ordering the payment of a dividend on the assigned estate of John T. Norton of Farmington. The appellants, who were a banking corporation located at Albany in the state of New York, presented to the commissioners on the estate a large claim for which they held a mortgage on real estate in Albany. The assignment was made in 1860. The insolvent act of 1853, under which it was made and under which the estate was in settlement, contained the following provision:— “ Sec. 19. If any creditor shall present a claim against any…
1Opinion of the CourtDutton, J.
John T. Norton of Farmington assigned his property for the benefit of 1ns creditors. Commissioners were appointed, and the appellants presented a claim to them which was secured by a mortgage of real estate situated in Albany in the state of New York. As the law stood when the presentment was made, the appellants were entitled to have their whole claim allowed without any deduction for the security which they held in the state of New York, the property mortgaged not being a part of the assigned estate, and so not coming within the provisions of the 19th section of the insolvent act. While the…
2Cases cited3 opinions
- Hine v. BeldenSupreme Court of Connecticut · 1858
- Plumb v. SawyerSupreme Court of Connecticut · 1851
- Taylor v. KeelerSupreme Court of Connecticut · 1862
3Cited by15 opinions
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
- In re Waddell-Entz Co.Supreme Court of Connecticut · 1896
- Considine v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1896
- Stiers v. MundyIndiana Supreme Court · 1910
- Zucker v. VogtDistrict Court, D. Connecticut · 1961
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