Cass v. Realty Securities Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Realty Securities Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1911, overruling the appellants’ demurrers to the complaint and granting the plaintiffs’ motion for judgment on the pleadings.
1Opinion of the Court
Scott, J.:
The plaintiffs, claiming to own bonds issued by the Realty Securities Company which were secured by a junior hen upon certain real estate, complain that defendants, other than the Title Guarantee and Trust Company, have diverted a part of the net proceeds of the sale of the mortgaged property to the payment of the general creditors of the securities company, and threaten so to devote what remains of said net proceeds. Their claim is that their lien attached to the net procéeds, *98after satisfaction of the prior Hens, and that their right thereto was superior to that of the general…
2Cases cited6 opinions
- Warren v. KingSupreme Court of the United States · 1883
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Seymour v. Spring Forest Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 1896
- Hilson Co. v. State Board of AssessorsSupreme Court of New Jersey · 1911
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3Cited by26 opinions
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- United States v. New Silver Palace Restaurant, Inc.District Court, E.D. New York · 1992
- Booth v. Union Fibre Co.Supreme Court of Minnesota · 1917
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