People v. New York Building-Loan Banking Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles M. Preston, as receiver of the New York Building-Loan Banking Company, 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 26th day of October, 1905, overruling exceptions filed--to the report.of a referee,, to whom was referred all claims. presented against the. corporation in this action disputed by the receiver thereon, and which further ordered that the claimant,…
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Appeal by Charles M. Preston, as receiver of the New York Building-Loan Banking Company, 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 26th day of October, 1905, overruling exceptions filed--to the report.of a referee,, to whom was referred all claims. presented against the. corporation in this action disputed by the receiver thereon, and which further ordered that the claimant, Peter J. Montague, was entitled to be paid, as a creditor, the sum of $2,984.25.
1Dissent
O’Brien, P. J. (dissenting):
Were it not for the two cases of Preston v. Reinhart (109 App. Div. 781) and Preston v. Lamano (46 Misc. Rep. 304), the" latter of which was approved in -the former^ and which- are- .relied upon by the appellant, and which lie _ contends are directly in point, we should not feel called upon to add anything to the reasons assigned by the learned referee for his conclusion in holding in .the case at bar that Montague was entitled to be paid as a creditor the amount "of interest paid by him in excess of the interest paid by the company on the $25,000 mortgage-. The…
2Cases cited7 opinions
- Post v. Building & Loan Ass'nTennessee Supreme Court · 1896
- Hall v. StowellAppellate Division of the Supreme Court of the State of New York · 1902
- Rochester Savings Bank v. WhitmoreAppellate Division of the Supreme Court of the State of New York · 1898
- Preston v. ReinhartAppellate Division of the Supreme Court of the State of New York · 1905
- Roberts v. CronkAppellate Division of the Supreme Court of the State of New York · 1904
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