Legal Opinion

Farmers' Loan & Trust Co. v. Bankers & Merchants' Telegraph Co.

New York Court of Appeals

Decided January 14, 1890PublishedCited by 11 opinions

Appeal by John A. Roeblings’ Sons Company from order of the General Term of the Supreme Court in the first judicial department, made June 9, 1889, which affirmed an order of Spepial Term, denying a petition to set aside a sale under the judgment herein. This action was brought to foreclose a mortgage executed by defendant, The Bankers and Merchants’ Telegraph Company, upon its property to plaintiff as trustee.

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Appeal by John A. Roeblings’ Sons Company from order of the General Term of the Supreme Court in the first judicial department, made June 9, 1889, which affirmed an order of Spepial Term, denying a petition to set aside a sale under the judgment herein. This action was brought to foreclose a mortgage executed by defendant, The Bankers and Merchants’ Telegraph Company, upon its property to plaintiff as trustee. The mortgagor became insolvent, receivers of its property were appointed with power to operate and manage its lines of telegraph, until the further order of the court, with authority to…

1Opinion of the CourtEarl, J.

There has been a bewildering maze of legal proceedings affecting the Bankers and Merchants’ Telegraph Company and its property, and it is quite possible that wrong and injustice has resulted to some of the creditors of the company. The matters ■ have, in many forms, been before the courts below by actions, receiverships, references, reports, petitions, motions and orders, and it would seem as if no real grievance should now remain unredressed. We certainly can perceive no method, according to the settled practice of this court, for adminstering relief to the appellant upon this appeal.

The…

2Cases cited1 opinion

  1. Howell v. . MillsNew York Court of Appeals · 1873

3Cited by11 opinions

  1. Cox v. . StokesNew York Court of Appeals · 1898
  2. Glenville & 110 Corp. v. TortoraAppellate Division of the Supreme Court of the State of New York · 1988
  3. City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910
  4. Housman v. WrightAppellate Division of the Supreme Court of the State of New York · 1900
  5. People v. New York Building-Loan Banking Co.New York Court of Appeals · 1907

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