Lehrenkrauss v. . Bonnell
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1910, which affirmed an order of Special Term confirming the report of a referee in surplus money proceedings. The facts, so far as material, are stated in the opinion. The findings do not support the order. (N. S. Bank v. Wheeler, 40 App.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 6, 1910, which affirmed an order of Special Term confirming the report of a referee in surplus money proceedings. The facts, so far as material, are stated in the opinion. The findings do not support the order. (N. S. Bank v. Wheeler, 40 App. Div. 563; Hoyt v. Godfrey, 88 N. Y. 669; Loeschigk v. Bridge, 42 Barb. 171; 42 N. Y. 421; Phenix Bank v. Stafford, 89 N. Y. 405; Wadsworth v. Havens, 3 Wend. 411; Phillips v. Wooster, 36 N. Y. 412; Ford v. Johnston, 7 Hun, 563, 568; Dygert…
1Opinion of the Court
Cullen, Ch. J.
Surplus moneys arising on the sale of real property under the foreclosure of a mortgage have been awarded against the appellant, the holder of a second mortgage, in favor of a trustee in bankruptcy appointed subsequent to the execution and delivery of the mortgage. The appellant, a bank, held paper, all of it past due, on which the owner of the equity of redemption was liable. It pressed liim for payment with the result that- he gave the appellant the mortgage in controversy to secure his liability to it. The mortgage was payable on demand and, as found by the referee, there was…
2Cases cited13 opinions
- Davis v. SchwartzSupreme Court of the United States · 1895
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Tompkins v. . HunterNew York Court of Appeals · 1896
- Smith v. . ReidNew York Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- First National Bank & Trust Co. v. New York Title InsuranceNew York Supreme Court · 1939
- Crothers v. National BankCourt of Appeals of Maryland · 1930
- Baker v. Citizens State Bank of St. Louis ParkSupreme Court of Minnesota · 1984
- Hickok v. . CowperthwaitNew York Court of Appeals · 1913
- Frank v. . Von BayerNew York Court of Appeals · 1923
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