In re the Final Accounting of Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by Albert Ivins Croll, a creditor herein, from so much of an order, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 14th day of October, 1898, confirming the report of a referee appointed to take and state the accounts of the assignee, as adjudges that the allowance made in paragraph 2 thereof shall be subject to deduction by reason of any offset which may exist in favor of the assignee and as against the…
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Appeal by Albert Ivins Croll, a creditor herein, from so much of an order, made at the Saratoga Special Term and entered in the office of the clerk of the county of Schenectady on the 14th day of October, 1898, confirming the report of a referee appointed to take and state the accounts of the assignee, as adjudges that the allowance made in paragraph 2 thereof shall be subject to deduction by reason of any offset which may exist in favor of the assignee and as against the said Croll for any unpaid taxable costs and disbursements growing out of the litigations and proceedings which have been…
1Opinion of the Court
Herrick, J.:
The most serious contention made upon this appeal is against the allowance and payment by the receiver of a dividend to the creditor Marks, upon the whole amount of his bond and mortgage, notwithstanding he had, after the appointment of the. receiver, and the sale of the real estate by him, foreclosed his mortgage, and obtained judgment for a deficiency.
The corporation having assumed the payment of the mortgage when it took the conveyance of the property, thereby became the *564debtor of the mortgagee, and. said mortgagee could enforce the' payment of the mortgage debt by such…
2Cases cited4 opinions
- Burr v. . BeersNew York Court of Appeals · 1861
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Parker v. . DayNew York Court of Appeals · 1898
- Warren v. . WilderNew York Court of Appeals · 1889
3Cited by6 opinions
- Pintsch Compressing Co. v. Buffalo Gas Co.Court of Appeals for the Second Circuit · 1922
- In re the Estate of KearnsNew York Surrogate's Court · 1931
- Hamberg v. Guaranteed Mortgage Co.New York Supreme Court · 1942
- Holmes v. Northern Pacific Railway Co.New York Supreme Court · 1901
- Holmes v. Northern Pacific Railway Co.New York Supreme Court · 1901
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