In re Howard
District Court, N.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of Daniel B. Howard, bankrupt. Application to determine claims to the proceeds of a sale of mortgaged real estate belonging to the bankrupt. Fund awarded to the owner of the mortgages, less certain payments connected with the sale. This litigation involves the construction of the language of two bonds and mortgages as to the payment of interest and consequently the amount due thereon.
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In Bankruptcy. In the matter of bankruptcy proceedings of Daniel B. Howard, bankrupt. Application to determine claims to the proceeds of a sale of mortgaged real estate belonging to the bankrupt. Fund awarded to the owner of the mortgages, less certain payments connected with the sale. This litigation involves the construction of the language of two bonds and mortgages as to the payment of interest and consequently the amount due thereon. And, second, the expenses, etc., properly allowable to the trustee and his attorney from the proceeds of the sale of the mortgaged real estate; same having…
1Opinion of the Court
RAY, District Judge.
[1] On the 6th day of July, 1895, one D. B. Howard and Altheda R. Howard, his wife, executed and delivered to one Alfred C. Lewis, his executors or assigns, their joint and several bond in the penal sum of $2,400, and which states:
“The condition of this obligation is such, that if the above-bonnden I). P». Howard and Altheda, his wife, their heirs, executors, administrators, shall and do well and truly pay or cause to be paid unto the above-named Alfred O. Lewis, his certain attorney, executors, administrators or assigns, the sum of twelve hundred dollars in the manner…
2Cases cited23 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- United States v. BostwickSupreme Court of the United States · 1877
- Teal v. WalkerSupreme Court of the United States · 1884
- Morley v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1892
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
18 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Crocker v. ChakosCourt of Appeals for the Seventh Circuit · 1928
- In re North Star Ice & Coal Co.District Court, E.D. Tennessee · 1918
- Bird v. City of RichmondCourt of Appeals for the Fourth Circuit · 1917
- In Re Independent Distillers of KentuckyDistrict Court, W.D. Kentucky · 1940
- Dugan v. LoganCourt of Appeals of Kentucky (pre-1976) · 1929
10 more not listed; retrieve them via the Exa API.