Weaver v. Pacific Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal in the first entitled action by the plaintiff, Everett I. Weaver, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Allegany on the 15th day of March, 1919, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, dismissing plaintiff’s complaint upon the merits in a suit to declare a priority of certain receiver’s certificates.
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Appeal in the first entitled action by the plaintiff, Everett I. Weaver, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Allegany on the 15th day of March, 1919, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, dismissing plaintiff’s complaint upon the merits in a suit to declare a priority of certain receiver’s certificates. Plaintiff sued for himself as such holder and on behalf of all other holders of such certificates. He asked a decree to subordinate the lien of certain mortgage…
1Opinion of the Court
Putnam, J.:
The Central New York and Western Railroad Company, a corporation of New York organized before 1892, was later absorbed by the Central New York and Northern Railroad Company, the new consolidated company taking the name of the Central New York and Western Railroad, It had authority to build a railroad from Olean, Cattaraugus county, through Allegany county to Macedón in Wayne county. On December 15, 1892, it made a mortgage to the Central Trust Company of New York as trustee, covering its line of about ninety-two miles with a branch to Hornell in Steuben county, which branch the…
2Cases cited9 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- Southern Railway Co. v. Carnegie Steel Co.Supreme Court of the United States · 1900
- United States v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1915
- Central Trust Co. v. Pittsburg, Shawmut & Northern RailroadNew York Court of Appeals · 1918
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3Cited by1 opinion
- Weaver v. . Pacific Improvement Co.New York Court of Appeals · 1923