Legal Opinion

People v. . National Trust Company, Etc.

New York Court of Appeals

Decided October 12, 1880PublishedCited by 28 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term which denied the petition of Robert J. Livingston and another, asking for an order directing the receiver of defendant to pay a quarter’s installment of rent falling due May 1, 1879, under a lease from them to defendant.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term which denied the petition of Robert J. Livingston and another, asking for an order directing the receiver of defendant to pay a quarter’s installment of rent falling due May 1, 1879, under a lease from them to defendant. The petitioners executed to defendant, a corporation organized under the laws of this State, a lease of certain premises in Rew York city, for five years, from May 1, 1876, at an annual rent of $12,000, payable quarterly. On December 14,1877, on the…

1Opinion of the CourtRapallo, J.

It appears from the papers that the receiver has in his hands an ample fund for the payment of all the debts of the dissolved corporation. • That he has paid all the admitted debts, and has deposited in the United States Trust Company the sum of $87,172.19 to meet such claims as are disputed, and that in this sum is -included an amount sufficient to cover all the rent accrued and to accrue on the petitioner’s lease, up to the end of the term. It further appears that after the payment of all the debts of the corporation there will be a surplus of upwards of $900,000 for distribution among the…

2Cases cited1 opinion

  1. Martin v. BlackNew York Court of Chancery · 1842

3Cited by28 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. People v. Globe Mutual Life InsuranceNew York Court of Appeals · 1883
  3. In re Mullings Clothing Co.Court of Appeals for the Second Circuit · 1916
  4. Matter of Application of OtisNew York Court of Appeals · 1886
  5. Taber v. Royal InsuranceSupreme Court of Alabama · 1899

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