Hoyle v. Plattsburgh & Montreal Railroad
New York Court of Appeals
Appeal from order of the General Term-of the Supreme Court in the first judicial district, affirming an order of Special Term, the substance of which order ■ is hereinafter set forth.
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Appeal from order of the General Term-of the Supreme Court in the first judicial district, affirming an order of Special Term, the substance of which order ■ is hereinafter set forth. (Reported below, 51 Barb., 45.) This action was brought to foreclose two mortgages, each for the sum of $200,000, made by the Plattsburgh and Montreal Railroad Company, and conveying its railway, corporate and other franchises and equipments, to the same persons, in trust for the benefit of bondholders. , The defendant, Yilas, alleged in his answer, in substance, that the mortgages had never been filed as…
1Opinion of the Court
Johnson, C.
The first question necessarily to be decided in this case is, whether the rolling stock of a railroad is personal property, or whether it is to be deemed constructively, annexed to the road upon which it runs, so as in law to be regarded as part of the realty. If it be determined that rolling stock retains its character of personal property, then the question arises whether a mortgage of a railroad and its equipment needs to be filed under the statute of 1833, requiring mortgages of personal property to be filed when the possession of the property is not immediately delivered to…
2Cases cited12 opinions
- Minnesota Co. v. St. Paul Co.Supreme Court of the United States · 1865
- Pennock v. CoeSupreme Court of the United States · 1860
- Potter v. . CromwellNew York Court of Appeals · 1869
- Olcott v. . Tioga Railroad CompanyNew York Court of Appeals · 1863
- Murdock v. . GiffordNew York Court of Appeals · 1858
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3Cited by62 opinions
- Jones v. MorrisonSupreme Court of Minnesota · 1883
- Wickersham v. CrittendenCalifornia Supreme Court · 1892
- Duncomb v. . N.Y., H. N.R.R. Co.New York Court of Appeals · 1881
- Globe Woolen Co. v. Utica Gas & Electric Co.New York Court of Appeals · 1918
- Ervin v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Southern New York · 1886
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