BARRETT v. CONLEY


35 Misc.2d 47 (1962)

Nelson Barrett et al., Plaintiffs, v. Belle Conley et al., Defendants.

Supreme Court, Erie County.

June 14, 1962


Attorney(s) appearing for the Case

John T. Curtin, United States Attorney, for United States, defendant. Andrew G. Gilfillan for Monetary Service Corporation, defendant.


WILLIAM B. LAWLESS, J.

This matter is before the court upon the motion of the United States, a claimant to surplus moneys, to set aside an order of this court confirming a Referee's report in surplus proceedings, upon the ground that the Government received additional information after confirmation of the Referee's report that the lien of the prior claimant to whom the surplus moneys have been awarded was based upon a usurious contract. The United States...

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