Central Trust Co. v. West India Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Central Trust Company of New York, as trustee, and by the defendant, the West India Improvement Company, from a judgment of the Supreme Court in favor of the defendants, the Manhattan Trust Company and others, entered in the office of the clerk of the county of New York on the 16th. day of March, 1898, upon the report of a- referee, and also an appeal by the plaintiff from an order entered in said clerk’s office on the 21st day of March, 1898,…
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Appeal by the plaintiff, the Central Trust Company of New York, as trustee, and by the defendant, the West India Improvement Company, from a judgment of the Supreme Court in favor of the defendants, the Manhattan Trust Company and others, entered in the office of the clerk of the county of New York on the 16th. day of March, 1898, upon the report of a- referee, and also an appeal by the plaintiff from an order entered in said clerk’s office on the 21st day of March, 1898, granting the motion of the defendant, the Manhattan Trust Company, for an extra allowance.
1Opinion of the Court
Per Curiam :
The judgment -should be affirmed, with costs, on the decision - of the referee.
Present — Yan Brunt, P. J., Patterson, O’Brien, Ingraham and McLaughlin, JJ.- Ingraham, J., dissented.
The following is the opinion of the referee above referred to :
Wm. G. Choate, Referee :
This action was commenced on the 8th of January,"1897,. by the plaintiff, the Central Trust Company-of New York, trustee under a mortgage executed to it hy the defendant, the West India Improvement Company, on the 1st day of September, 1889, to secure an issue of $1,000,00.0 par value of mortgage bonds of the same…
2Cases cited6 opinions
- Bayley v. GreenleafSupreme Court of the United States · 1822
- Murray v. LylburnNew York Court of Chancery · 1817
- Hubbard v. . GurneyNew York Court of Appeals · 1876
- Kribbs v. . AlfordNew York Court of Appeals · 1890
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Central Trust Co. v. Manhattan Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903