Raht v. . Attrill
New York Court of Appeals
Appeals by various claimants from order of the General Term of the Supreme Court, in the second judicial department, made September 16, 1886, which reversed an order of Special Term confirming the report of a referee as to the disposition of surplus moneys arising on foreclosure sale herein. This action was brought to foreclose a mortgage executed by defendant Attrill to one Littlejohn, and by him assigned to plaintiff’s testator.
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Appeals by various claimants from order of the General Term of the Supreme Court, in the second judicial department, made September 16, 1886, which reversed an order of Special Term confirming the report of a referee as to the disposition of surplus moneys arising on foreclosure sale herein. This action was brought to foreclose a mortgage executed by defendant Attrill to one Littlejohn, and by him assigned to plaintiff’s testator. In February, 1850, the Rockaway Beach Improvement Company, limited, was organized under the business corporation act, chapter 611, Laws 1875. It bought over 100…
1Opinion of the CourtAndrews, J.
The scheme set on foot by the principal stockholder, with the consent of a majority of the trustees of the Eockaway Beach Improvement Company, for the administration of its affairs and for the completion, furnishing and operating the hotel through the instrumentality of a receiver appointed by the court, has proved a signal and disastrous failure. The receiver was appointed August 2, 1880, within six months after the organization of the company. Prior to that date the company had expended more than $350,000, raised on the sale and hypothecation of its bonds, secured by the trust mortgage to…
2Cases cited3 opinions
- Union Trust Co. v. Illinois Midland Railway Co.Supreme Court of the United States · 1886
- Wallace v. LoomisSupreme Court of the United States · 1878
- Metropolitan Trust Co. v. Tonawanda Valley & Cuba RailroadNew York Court of Appeals · 1886
3Cited by38 opinions
- Hanna v. State Trust Co.Court of Appeals for the Eighth Circuit · 1895
- Houston Ice & Brewing Co. v. ClintCourt of Appeals of Texas · 1913
- International Trust Co. v. United Coal Co.Supreme Court of Colorado · 1900
- International Trust Co. v. Decker Bros.Court of Appeals for the Ninth Circuit · 1907
- National Surety Corp. v. SharpeSupreme Court of North Carolina · 1952
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