Buffalo Loan, Trust & Safe-Deposit Co. v. Medina Gas & Electric Light Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the Buffalo Loan, Trust & Safe-Deposit Company agaiñst the Medina Gas & Electric Light Company and the Holland Trust Company to foreclose a mortgage. From, a judgment of foreclosure and sale, defendants appeal.
1Opinion of the CourtGreen, J.
1. Contention is made by appellants’ counsel that, the mortgage in suit never having been personally delivered by Mr. Robertson, the president, and the bonds not having been negotiated by him, they never became binding obligations upon the mortgagor company; that the bonds never had a valid inception until they were negotiated in the manner provided by the resolution authorizing their execution; that the resolution required, as condition precedent to the creation of any liability, that the president should negotiate the bonds upon the best possible terms; that the president must have been…
2Cases cited10 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- Kirby v. TallmadgeSupreme Court of the United States · 1896
- Cheever v. Pittsburgh, Shenango & Lake Erie RailroadNew York Court of Appeals · 1896
- Wilson v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Williamsburgh Savings Bank v. Town of SolonNew York Court of Appeals · 1893
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3Cited by8 opinions
- United States v. Milwaukee Refrigerator Transit Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1905
- Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
- Watson v. Proximity Manufacturing Co.Supreme Court of North Carolina · 1908
- Swiggett v. Swiggett, Inc.Supreme Court of Puerto Rico · 1939
- In Re Wisconsin Cent. Ry. Co.District Court, D. Minnesota · 1945
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