Legal Opinion

In re Forse

District Court, N.D. New York

Decided December 12, 1910Published

In the matter of Amos L. Forse and George W. Roseboom, individually, and as members of the firm of Forse & Roseboom, bankrupts.

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In the matter of Amos L. Forse and George W. Roseboom, individually, and as members of the firm of Forse & Roseboom, bankrupts. Controversy over the title and right to certain surplus moneys arising, on the sale in foreclosure of certain lands and premises owned by Amos R. Forse at the time of the bankruptcy amounting to about S962.20, and which is claimed by Wealtha A. Neff, the alleged owner of a subsequent mortgage on the said premises, and also by A. B. Packer, the trustee in bankruptcy of said bankrupts. Order in favor of mortgagee.

1Opinion of the Court

RAY, District Judge.

On the 8th day of October, 1908, one Leon Y. Jones, who was in the possession and apparent owner of a stock of goods and certain so-called fixtures, personal property, in a store in Guilford, N. Y., as party of the first part, entered into a contract in *86writing with Amos L. Forse and George W. Roseboom, parties of the second part, which, so far as material here, reads as follows:

“This contract and agreement made and entered into this 8th day of October, 1908, by and between Leon Y. Jones of the town of Guilford, county of Chenango and state of New York, party of the first…

2Cases cited11 opinions

  1. Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
  2. Seligman v. . FriedlanderNew York Court of Appeals · 1910
  3. Stillman v. . NorthrupNew York Court of Appeals · 1888
  4. Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
  5. Voorhis v. . Childs'New York Court of Appeals · 1858

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