Central Trust Co. v. N. Y. City & Northern Railroad
New York Supreme Court
I. Special Term / April, 1886. Trial by the court. The Central Trust Company of New York, as trustee under a mortgage made by the New York City and Northern Railroad Company, brought this action against the railroad company, and its receiver, and against Scott and Palmer, as trustees, under another mortgage made by the railroad company, and against Forrest and May, as trustees under a subsequent mortgage made by the railroad company, and against the New York Loan and…
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I. Special Term / April, 1886. Trial by the court. The Central Trust Company of New York, as trustee under a mortgage made by the New York City and Northern Railroad Company, brought this action against the railroad company, and its receiver, and against Scott and Palmer, as trustees, under another mortgage made by the railroad company, and against Forrest and May, as trustees under a subsequent mortgage made by the railroad company, and against the New York Loan and Improvement Company and others, to foreclose the plaintiff’s mortgage. The material facts are fully stated in the opinion of…
1Opinion of the CourtAndrews, J.
The parties to this action have, by their own acts, placed themselves in such a situation that it is almost impossible for the court to render a decision upon the issues in the case, to which plausible, and perhaps well-founded, objections cannot be made.
The plaintiff, as trustee, for the holders of $3,697,000 bonds issued under a so called consolidated mortgage upon all its property, by the defendant railroad company, and the defendant Scott, as surviving trustee for the holders of $261,000 bonds, issued by that company, under a prior mortgage, ask for a judgment directing the defendant…
2Cases cited15 opinions
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