United Water Works Co. v. . Omaha Water Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 15, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 15, 1898, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to obtain a judgment declaring null and void a certain conveyance, transfer and assignment made by the Farmers’ Loan and Trust Company to the Omaha Water Company, of the property, assets and franchises of the American Water Works Company, purchased by said trust company under foreclosure proceedings, and certain deeds of…
1Opinion of the Court
Parker, Ch. J.
The plaintiffs own a few of the bonds, of which three million six hundred thousand dollars worth were issued secured by a mortgage of four millions given to the Farmers’ Loan and Trust Company, as trustee, upon certain water works and plant at Omaha, Nebraska, which were at the time owned by an Illinois corporation known as the American Water Works Company. There was an underlying mortgage of $400,000, which represents the difference between the actual issue of bonds under the second mortgage and the amount authorized to be issued, but as they could be issued only for the…
2Cases cited1 opinion
- Cox v. . StokesNew York Court of Appeals · 1898
3Cited by7 opinions
- Industrial General Trust, Ltd. v. . TodNew York Court of Appeals · 1905
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
- Carter v. 1st Nat'l Bk. PocahontasCourt of Appeals of Maryland · 1916
- Chase National Bank v. 10 East Fortieth Street Corp.Appellate Division of the Supreme Court of the State of New York · 1933
- Redding v. Gulf Oil Corp.New York Supreme Court · 1971
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