Cowen v. King
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Charles M. Hough, trustee in bankruptcy of William W. Vaughan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of August; 1900, denying the claimant’s motion to be relieved from so much of an alleged stipulation appearing upon the stenographer’s minutes of the proceedings before the referee herein, as follows: “ It is agreed that the referee employ a…
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Appeal by the claimant, Charles M. Hough, trustee in bankruptcy of William W. Vaughan, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of August; 1900, denying the claimant’s motion to be relieved from so much of an alleged stipulation appearing upon the stenographer’s minutes of the proceedings before the referee herein, as follows: “ It is agreed that the referee employ a stenographer, his fees to be a part of the referee’s fees and to be paid out of the fund,” as undertakes to provide that…
1Opinion of the Court
Ingraham, J.:
This was a proceeding for the distribution of surplus nioneys arising from the sale of real property upon the foreclosure of a mortgage. The substantial question in dispute seems to be as to whether the appellant, as trustee in bankruptcy of one William W. Vaughan, or George D. Brown, the respondent, was entitled tó such surplus moneys. The appellant, as trustee, made an application for the surplus moneys, which resulted in an order of reference to ascertain and report the amount due to said trustee or any other person which is a lien upon the fund, and to ascertain the…
2Cited by4 opinions
- American Mortgage Co. v. ButlerNew York Supreme Court · 1901
- In re the Estate of BeckleyNew York Surrogate's Court · 1977
- Brodie v. O'DonnellNew York Supreme Court · 1911
- First Federal Savings & Loan Ass'n v. SouraNew York County Court, Ulster County · 1961