Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Union-Trust Co.

New York Court of Appeals

Decided October 4, 1898PublishedCited by 11 opinions

Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered October 14, 1895, in favor of the defendant, the Union Trust Company, on the submission of a controversy by the parties, pursuant to section 1279 of the Code of Civil Procedure.

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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered October 14, 1895, in favor of the defendant, the Union Trust Company, on the submission of a controversy by the parties, pursuant to section 1279 of the Code of Civil Procedure. On the first of June, 1870, the Tebo and Meosho Railroad' Company of Missouri made a mortgage to the Union Trust Company of Mew York upon its railroad line extending from Sedalia, Missouri, to the western boundary of that state, to secure two thousand seven per cent gold bonds for $1,000 each, payable on the…

1Opinion of the CourtVann, J.

The question submitted for decision is whether it was the duty of the Union Trust Company, under the facts stated, to receive the money tendered and apply it to the redemption of the one hundred and eighty-seven bonds outstanding. Other interesting questions have been argued before us by the learned counsel for the appellant, but they were not raised by the facts stated in the record before us, and were not submitted as a part of the controversy to the General Term. That learned court had jurisdiction to decide, and we have jurisdiction to review, only the questions that were actually…

2Cited by11 opinions

  1. New York Trust Co. v. Securities & Exchange CommissionCourt of Appeals for the Second Circuit · 1942
  2. Arthur v. BurkichAppellate Division of the Supreme Court of the State of New York · 1987
  3. Lisman v. Michigan Peninsular Car Co.Appellate Division of the Supreme Court of the State of New York · 1900
  4. Harnickell v. Omaha Water Co.Appellate Division of the Supreme Court of the State of New York · 1911
  5. Doyle v. Olson Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

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