Beebe v. Richmond Light, Heat & Power Co.
New York Supreme Court
Aotioh to foreclose a mortgage given on real and personal property, and franchise, by a business corporation organized under chapter 611 of the Laws of 1875.
1Opinion of the CourtGaynor, J.
On November 22 the plaintiff wrote to the Holland Trust Oo., the mortgage trustee, that he owned a majority of the bonds, and that he desired “ to ask the proper court to foreclose and sell the property; ” and asked “ what action ” the trustee would take. He added that he had attorneys familiar with the facts and ready to proceed, who would .arrange for the trustee’s protection “ in any manner that may be necessary.” This letter was not a request that the trustee foreclose, but rather the expression of a desire of the plaintiff to do so through his own attorneys. The trustee answered on the…
2Cases cited4 opinions
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Greenpoint Sugar Co. v. . WhitinNew York Court of Appeals · 1877
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Market & Fulton National Bank v. JonesNew York Supreme Court · 1894
3Cited by3 opinions
- Leffert v. . JackmanNew York Court of Appeals · 1919
- Glover v. EhrlichAppellate Terms of the Supreme Court of New York · 1909
- In re Sentenne & Green Co.District Court, E.D. New York · 1903