Fowler v. Jarvis-Conklin Mortgage Trust Co.

U.S. Circuit Court for the District of Southern New York

Fowler v. Jarvis-Conklin Mortgage Trust Co.

118 F. 1022, 1902 U.S. App. LEXIS 5245

CourtU.S. Circuit Court for the District of Southern New York

DecidedAugust 23, 1902

StatusPublished

This text of 118 F. 1022 (Fowler v. Jarvis-Conklin Mortgage Trust Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fowler v. Jarvis-Conklin Mortgage Trust Co., 118 F. 1022, 1902 U.S. App. LEXIS 5245 (circtsdny 1902).

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Opinion

LACOMBE, Circuit Judge.

.It is not perceived that the additional affidavits materially change the situation from what it was in April, 1900, when a like application was denied. It is sought to obtain an order turning over the entire balance of the fund, which was kept to meet belated claims of similar character, to the petitioner. There is no assurance but what, the next month after that is done, some one else will appear to claim a part of it, with better excuses for delay. The motion is denied,' on the ground of laches, with leave to renew at the expiration of 10 years from the final decree. If no other claims shall have been presented before that- .time entitled to share the proceeds with Mr. Lippincott, it may be quite appropriate to. turn over the balance then remaining, after expenses of storage and commissions, to him.

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LACOMBE, Circuit Judge.

.It is not perceived that the additional affidavits materially change the situation from what it was in April, 1900, when a like application was denied. It is sought to obtain an order turning over the entire balance of the fund, which was kept to meet belated claims of similar character, to the petitioner. There is no assurance but what, the next month after that is done, some one else will appear to claim a part of it, with better excuses for delay. The motion is denied,' on the ground of laches, with leave to renew at the expiration of 10 years from the final decree. If no other claims shall have been presented before that- .time entitled to share the proceeds with Mr. Lippincott, it may be quite appropriate to. turn over the balance then remaining, after expenses of storage and commissions, to him.

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Bluebook (online)

118 F. 1022, 1902 U.S. App. LEXIS 5245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-jarvis-conklin-mortgage-trust-co-circtsdny-1902.