Atlantic Trust Co. v. Crystal Water Co. of Edgewater
Appellate Division of the Supreme Court of the State of New York
Appeal by the- defendant, The Crystal Water Company of Edge-water, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 4th day of December, 1901, upon the decision of the court rendered after a trial at the Richmond Special Term.
1Opinion of the Court
Jeítks, J. :
This is an action brought -by the trustee to foreclose a mortgage made by the defendant corporation, The Crystal Water Company of Edge water, to secure bonds for $750,000, payable to trustee or bearer on July 1, 1910. The defendant’s answer is (1) that the bonds were given for no consideration or for such an inadequate consideration as amounted to bad faith; (2) that they were ultra vires the corporation; (3) that the mortgage lacked the statutory assent of the stockholders, and (4) that the principal of the mortgage had never become due. I consider the defenses in their order.
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2Cases cited16 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
- McClelland v. . Norfolk Southern R.R. Co.New York Court of Appeals · 1888
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3Cited by11 opinions
- Eastman v. ParkinsonWisconsin Supreme Court · 1907
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- American Brake Shoe & Foundry Co. v. Interborough Rapid Transit Co.District Court, S.D. New York · 1935
- Countrywide Home Loans, Inc. v. St. Louis (In Re Apponline.com, Inc.)United States Bankruptcy Court, E.D. New York · 2003
6 more not listed; retrieve them via the Exa API.