Peck v. New York & New Jersey Railway Co.

Dykman, J. —

The plaintiffs in these actions are trustees for the holders of the mortgage bonds issued by the defendant and a company to whose rights and obligations it has succeeded. These actions were brought to foreclose the mortgages made to secure the bonds and proceeded to a sale. A holder of several of these bonds moved, at special term, to set aside the sale and presented three grounds to the consideration of the court: 1st.- Error of law by the referee to compute whereby an excessive amount was reported due. 2d. Inadequacy of price. 3d. Surprise or mistake preventing his presence at…