Legal Opinion

In re Mortgage Commission

New York Supreme Court

Decided April 13, 1938PublishedCited by 3 opinions

1Opinion of the CourtFrankenthaler, J.

To the extent that various kinds of relief are sought in relation to the $875 alleged to have been received in March and April, 1933, the motion is denied. There is no claim that the $875 was recouped from the rents of the property. Assuming that the company violated the regulations of the Superintendent of Insurance, that would not avail the certificate holders and make improper as against them what was otherwise a proper recoupment.

In so far as an adjudication is sought that the uncertificated portion is subject and subordinate in all respects to the portion represented by certificates, the…

2Cases cited2 opinions

  1. Ticonic National Bank v. SpragueSupreme Court of the United States · 1938
  2. Matter of MorganNew York Court of Appeals · 1938

3Cited by3 opinions

  1. In re the Liquidation of Lawyers Mortgage Co.New York Supreme Court · 1938
  2. In re the Liquidation of Bond & Mortgage Guarantee Co.Appellate Division of the Supreme Court of the State of New York · 1939
  3. In re the Liquidation of Lawyers Mortgage Co.New York Supreme Court · 1939

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