New York Life Insurance v. Mayer
New York Court of Common Pleas
Appeal from an order of this court confirming the report of a referee. The action was brought to foreclose a mortgage of real property, and a referee was appointed to determine^what claims of creditors were liens upon the surplus anting-from the foreclosure of the mortgage, and their priority. The facts are stated in the following opinion rendered at Special Term, April 29th, 1887. y _ *
1Opinion of the CourtBookstaver, J.
On September 24th, 1883, Ferdinand .. M^tyer owned individually the equity of redemption in the property sold under foreclosure. At that time he was a member of the firm of F. Mayer & Co., composed of himself and Benjamin Mayer, doing "business in the City of New York. On that day he and'‘Benjamin Mayer made a general assignment of all their co-partnership and individual property, including real and personal estate, for the benefit of creditors. The original assignee was removed, and finally Thomas L. James was substituted as assignee, and as such makes claim to these surplus moneys.
In…
2Cases cited27 opinions
- Simar v. . CanadayNew York Court of Appeals · 1873
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Wakeman v. GroverNew York Court of Chancery · 1832
- Beck v. BurdettNew York Court of Chancery · 1829
- Dunning v. . Ocean National BankNew York Court of Appeals · 1875
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3Cited by1 opinion
- Duffy v. DawsonNew York Court of Common Pleas · 1893