In re People
New York Supreme Court
1Opinion of the CourtFrankenthaler, J.
In granting the original motion “ to the extent of directing the Superintendent to pay over to the petitioner the rents and profits received by the company or by the Superintend*176ent from the owner of the mortgaged property,” the court followed the well-established principle that “ the mere mingling of funds which are to be devoted to a specific purpose with other funds of the depositary does not destroy the right of the true owners to claim such specific funds.” The court recognized, however, that an application to compel the turn over of trust funds which had been so mingled with other moneys…
2Cases cited1 opinion
- Matter of International M. Co. (Broderick)New York Court of Appeals · 1932
3Cited by9 opinions
- Natwest USA Credit Corp. v. Alco Standard Corp.District Court, S.D. New York · 1994
- In re PeopleNew York Supreme Court · 1935
- In re PeopleNew York Supreme Court · 1934
- In re the Rehabilitation of Lawyers Title & Guaranty Co.New York Supreme Court · 1935
- Acken v. New York Title & Mortgage Co.District Court, N.D. New York · 1934
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