Legal Opinion

Manhattan Life Insurance v. Johnson

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1906PublishedCited by 1 opinion

Appeal by the defendant, William C. Dewey, 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 15th day of August, 1906, overruling exceptions filed' to the report of a referee appointed in surplus money proceedings and modifying and confirming the report and directing the city chamberlain to pay to defendant Frederick T. Kellogg the sum of $38,547.39, and a further sum to reimburse him…

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Appeal by the defendant, William C. Dewey, 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 15th day of August, 1906, overruling exceptions filed' to the report of a referee appointed in surplus money proceedings and modifying and confirming the report and directing the city chamberlain to pay to defendant Frederick T. Kellogg the sum of $38,547.39, and a further sum to reimburse him for disbursements an'd for costs and disbursements.

1Opinion of the Court

Present — O’Brien, P. J., Ingraham, Laughlin, Clarke and Scott, JJ.; Laughlin and Clarke, JJ., concurring in opinion by Laughlin, J.

*430The following is the opinion of the referee:

Freedman, Referee:

In passing-upon the claims'of the respective claimants I deem it best to consider first of all the question of usury litigated ’ by William C, Dewey and his judgment creditors against Frederick T. Kellogg.

By deed dated May 29, 1902, and recorded on the same day, one Albert Joske- conveyed to Kellogg a plot of ground 200; feet square on Alexander avenue, borough of The xBronx, running through from One…

2Cases cited18 opinions

  1. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  2. De Wolf v. JohnsonSupreme Court of the United States · 1825
  3. Andrews v. PondSupreme Court of the United States · 1839
  4. Harris v. . WhiteNew York Court of Appeals · 1880
  5. Chapman v. RobertsonNew York Court of Chancery · 1837

13 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Thuna v. WolfCity of New York Municipal Court · 1927

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