Legal Opinion

Metropolitan Trust Co. v. Tonawanda Valley & Cuba Railroad

New York Court of Appeals

Decided October 5, 1886PublishedCited by 21 opinions

Appeal, by plaintiff and defendant, the Farmers’ Loan and Trust Company, from order of the General Term of the Supreme Court, in the fifth judicial department, made April 17, 1886, which affirmed an order of Special Term empowering and directing Bird W. Spencer, as receiver of the defendant, the Tonawanda Yalley and Cuba Railroad Company, to issue receiver’s certificates, as set forth in the opinion.

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Appeal, by plaintiff and defendant, the Farmers’ Loan and Trust Company, from order of the General Term of the Supreme Court, in the fifth judicial department, made April 17, 1886, which affirmed an order of Special Term empowering and directing Bird W. Spencer, as receiver of the defendant, the Tonawanda Yalley and Cuba Railroad Company, to issue receiver’s certificates, as set forth in the opinion. This was an action to foreclose a mortgage executed by the Tonawanda Yalley and Cuba Railroad Company on its road, property and franchises. That company was formed by the consolidation of the…

1Opinion of the CourtDanforth, J.

The appeal in this case is by the plaintiff and by the Farmers’ Loan and Trust Company, one of the defendants, from so much of an order of the Supreme Court as authorizes Spencer, as receiver of the property, real and personal, easement, rolling stock and equipment, leases, franchises and all other rights and property whatsoever of the defendant, the Tonawanda Valley and Cuba Railroad Company, covered by the mortgage or deed of trust dated September 1, 1881, referred to in the complaint in this action, to pay, or-issue his certificates of indebtedness for the payment of the following items…

2Cases cited1 opinion

  1. Vatable v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884

3Cited by21 opinions

  1. Decker v. . GardnerNew York Court of Appeals · 1891
  2. Craver v. GreerTexas Supreme Court · 1915
  3. Raht v. . AttrillNew York Court of Appeals · 1887
  4. Gulf Pipe Line Co. v. LasaterCourt of Appeals of Texas · 1917
  5. Old Colony Trust Co. v. Medfield & Medway Street Railway Co.Massachusetts Supreme Judicial Court · 1913

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