Duncomb v. New York, Housatonic & Northern Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 13, 1881, which affirmed an order of Special Term, determining and fixing the relative rights and priorities of certain bondholders, under a mortgage made by defendant, the New York Housatonic and Northern Railroad Company to secure its bonds. This action was brought by plaintiffs, as trustees, to foreclose said mortgage.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made December 13, 1881, which affirmed an order of Special Term, determining and fixing the relative rights and priorities of certain bondholders, under a mortgage made by defendant, the New York Housatonic and Northern Railroad Company to secure its bonds. This action was brought by plaintiffs, as trustees, to foreclose said mortgage. A referee was appointed to ascertain the amount due on account of the bonds, and the nature and extent of the interest of the bondholders. The orders of the Special…
1Opinion of the CourtMiller, J.
When this case was presented on the former appeal to this court, we held that Eucker should be allowed to prove all of the $810,000 of bonds which he held as a pledge to secure him for a debt due him from the railroad company of $81,000 and interest, and which he could produce for that purpose, and was entitled to share in the distribution of the fund to that amount. The title of Eucker to the bonds of the railroad company has been upheld to the extent indicated in the findings of the judge at Special Term, and is now assailed on various grounds which are entitled to due consideration. Eucker…
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