Townsend v. Oneonta, Cooperstown & Richfield Springs Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Attorney-General of the State of New York and another, from, an order of the Supreme Court, made at the Otsego Special Term and entered in the office of the clerk of the county of Otsego on the 31st day of July, 1903, as resettled by an order entered in said clerk’s office on the 21st day of August, 1903, authorizing the receiver of the defendant railway company to issue Certificates not to exceed in amount $35,000 for the payment of interest on certain…
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Appeal by the Attorney-General of the State of New York and another, from, an order of the Supreme Court, made at the Otsego Special Term and entered in the office of the clerk of the county of Otsego on the 31st day of July, 1903, as resettled by an order entered in said clerk’s office on the 21st day of August, 1903, authorizing the receiver of the defendant railway company to issue Certificates not to exceed in amount $35,000 for the payment of interest on certain mortgage bonds of said company. The action was brought July 2, 1903, to sequestrate the property of the defendant railroad…
1Opinion of the Court
Chase, J.:
The facts relating to the receivership appear in an opinion written by this court on an appeal from another order made in this case. (Townsend v. O., C. & R. S. R. Co., 86 App. Div. 604; 83 N. Y. Supp. 1034.) On May 1, 1902, the railway company executed and delivered a mortgage as a first lien on all its property, real and personal, and all property, real and personal, which it might thereafter purchase or acquire, to the Knickerbocker Trust Company, in trust for the benefit and security of all persons or corporations who should become the owners or lawful holders of any of 1,500…
2Cases cited9 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Morgan's Louisiana & Texas Railroad & Steamship Co. v. Texas Central Railway Co.Supreme Court of the United States · 1890
- Wallace v. LoomisSupreme Court of the United States · 1878
- Vilas v. . PageNew York Court of Appeals · 1887
- Mann v. . PentzNew York Court of Appeals · 1850
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3Cited by4 opinions
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.New York Court of Appeals · 1911
- Potter v. Emerson-Steuben Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Knickerbocker Trust Co. v. Oneonta, Cooperstown & Richfield Springs Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910