Rochester Savings Bank v. Whitmore
Appellate Division of the Supreme Court of the State of New York
Appeal by Omar A. Jenlcs, a party to the surplus-money proceedings and a claimant to the fund for the distribution of which the same was instituted, from an order of' the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of August, 1891, directing the distribution of the surplus’ remaining after the foreclosure sale in the above-entitled action.
Read the full summary
Appeal by Omar A. Jenlcs, a party to the surplus-money proceedings and a claimant to the fund for the distribution of which the same was instituted, from an order of' the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of August, 1891, directing the distribution of the surplus’ remaining after the foreclosure sale in the above-entitled action. The surplus money amounted to $624.16. There were two claimants to this fund, the respondents, William W. Whitmore and Andrew- Holzwarth, who claimed as the owners of the…
1Opinion of the Court
Ward, J.;
The Special Term made an order referring the matter to a referee to ascertain and report as to the rights of the parties to. the surplus •money, and the single question before him was, which of the parties to this controversy is entitled to it. Proof was taken by.the referee, *496and upon the coming in of his report the court made the' order appealed from. Tiie investigation necessarily involves the validity of the. claim of the appellant under 'the second mortgage, which had been assigned to him through the instrumentality of the receiver in the People’s action, and the right of the…
2Cases cited5 opinions
- Bergen v. . CarmanNew York Court of Appeals · 1879
- Mutual Life Insurance v. BowenNew York Supreme Court · 1866
- Cook v. KentMassachusetts Supreme Judicial Court · 1870
- Baker v. BakerNew York Supreme Court · 1893
- Second American Building Ass'n v. PlattThe Superior Court of New York City · 1856
3Cited by10 opinions
- Marion Trust Co. v. Trustees of Edwards LodgeIndiana Supreme Court · 1899
- Hale v. CairnsNorth Dakota Supreme Court · 1898
- People's Building & Loan Ass'n v. McPhilamyMississippi Supreme Court · 1902
- Hall v. StowellAppellate Division of the Supreme Court of the State of New York · 1902
- Breed v. RuoffAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.