New England Water Works Co. v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Hew England Water Works Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 11th day of Hovember, 1897, denying the plaintiff’s motion- for leave to serve a supplemental complaint.
1Opinion of the Court
Barrett, J.:
The original complaint alleges, in substance, that, in 1887, the Iowa Water Company, an Iowa corporation, executed to the defendant a deed of trust of its property and franchises to secure $400,000 of coupon bonds ; that the instrument gave to the coupons priority of paymentthat the defendant,' not having sufficient funds to pay all of these coupons falling due April 1, 1891, arranged with the firm of C. H. Yenner & Co. to purchase the coupons thus unprovided for upon the account of this firm; that, in accordance with this arrangement, ninety-three of the coupons were, on April 9,…
2Cited by3 opinions
- Bush v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1901
- New England Waterworks Co. v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Peabody v. GermainAppellate Division of the Supreme Court of the State of New York · 1899