Janes v. Fitchburg R. Co.
New York Supreme Court
Appeal from special term, Rensselaer county. Action by Samuel B. Janes against the Fitchburg Railroad Company upon certain coupons for interest on bonds executed by the Troy & Boston Railroad Company, which had been consolidated with the Fitchburg Railroad Company under the name of the latter. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLandon, J.
The plaintiff had a recovery against the defendant upon certain past-due interest coupons of the bonds of the Troy & Boston Railroad Company. The payment of the bonds and coupons is secured by a mortgage given by the company in 1874 to trustees upon the real estate and property of the Troy & Boston Railroad Company. The principal of the bonds falls due in 1924. The mortgage contains no covenant to pay the bonds or post-foreclosure deficiency. The defendant is a new corporation, formed by the consolidation in June, 1887, of the Troy & Boston Railroad Company and the former Fitchburg Railroad…
2Cited by4 opinions
- Irving Bank-Columbia Trust Co. v. New York Rys. Co.District Court, S.D. New York · 1923
- Iversen v. DoconCourt of Appeals for the Seventh Circuit · 1936
- Gale v. Troy & Boston RailroadNew York Supreme Court · 1889
- Chichester v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1941