Olmstead v. Latimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the ¡Dlaintiff, Dwight . H. Olmstead, as trustee under the last will and testament of Hoah T. Pike, deceased, from so much of a, judgment of the Supreme Court, entered in. the office of the clerk of the county of Kings on the 12th day of March, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term, as awards judgment against the defendant Frederick B. Latimer for only sixteen-seventy-fifths of any deficiency which may arise…
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Appeal by the ¡Dlaintiff, Dwight . H. Olmstead, as trustee under the last will and testament of Hoah T. Pike, deceased, from so much of a, judgment of the Supreme Court, entered in. the office of the clerk of the county of Kings on the 12th day of March, 1896, upon the decision of the court rendered after a trial at the Kings County Special Term, as awards judgment against the defendant Frederick B. Latimer for only sixteen-seventy-fifths of any deficiency which may arise upon a sale of certain mortgaged premises, and also from so much of said judgment as adjudges that . the defendants, Henry…
1Opinion of the Court
Cullen, J.:
In August, 1878, one John G. Latimer executed his bond with mortgage on a lot and building on Atlantic street, Brooklyn, to secure the sum of $18,000 borrowed by him. The plaintiff subsequently acquired that bond and mortgage. In 1884 Latimer died intestate, seized of the mortgaged premises, leaving ' a widow and four brothers (the three defendants and one James D. Latimer) his only heirs at law. Letters of administration were issued on the estate of John G. Latimer, and upon the settlement of the estate it appeared that the personal estate was exhausted by the payment of the debts…
2Cases cited10 opinions
- Chamberlain v. . ChamberlainNew York Court of Appeals · 1871
- Mercer County v. HacketSupreme Court of the United States · 1864
- Claim of Wilbur v. Estate of WarrenNew York Court of Appeals · 1887
- Johnson v. CorbettNew York Court of Chancery · 1844
- Hauselt v. . PattersonNew York Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- In re the Estate of HornerNew York Surrogate's Court · 1933
- In re the Estate of WeissmanNew York Surrogate's Court · 1931
- In re the Estate of DellNew York Surrogate's Court · 1935
- Rosen v. WardAppellate Division of the Supreme Court of the State of New York · 1904
- In re the Estate of RogersNew York Surrogate's Court · 1932
13 more not listed; retrieve them via the Exa API.