Central Gold Mining Co. v. Platt
New York Court of Common Pleas
Appeal from an order made at special term, denying a motion to vacate an injunction. The action was brought to enjoin' and restrain the defendant, Platt, from interfering with the possession of the plaintiff’s property situated in Colorado, and from selling it, and to declare and adjudge a certain mortgage or trust-deed executed by the plaintiff’s former officers to be void, and to adjudge certain bonds of the company alleged to be secured by such mortgage to have been…
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Appeal from an order made at special term, denying a motion to vacate an injunction. The action was brought to enjoin' and restrain the defendant, Platt, from interfering with the possession of the plaintiff’s property situated in Colorado, and from selling it, and to declare and adjudge a certain mortgage or trust-deed executed by the plaintiff’s former officers to be void, and to adjudge certain bonds of the company alleged to be secured by such mortgage to have been illegally issued, &e. The allegations on which this relief was sought are set forth in the opinion of the court. A…
1Opinion of the Court
By the Court.*
Robinson, J.
The plaintiffs-are a corporation formed under the General Manufacturing Act of this State (Laws of 1848, chap. 140) and the acts amendatory thereof, and institute this action to enjoin the defendant, Platt, from interfering with, or selling certain real estate owned by them, situate in Gilpin County, in the Territory of Colorado, which they mortgaged to him and one Belcher (since deceased), by a mortgage *269or trust deed, by way of mortgage, dated May 13, 1865, and to adjudge certain bonds secured thereby, some of which are held by the defendants, Smyser and Peter, to…
2Cases cited5 opinions
- Hood v. New York & New Haven RailroadSupreme Court of Connecticut · 1852
- De Ruyter v. . St. Peter's ChurchNew York Court of Appeals · 1850
- McSpedon v. Mayor of New YorkThe Superior Court of New York City · 1861
- King v. . the Merchants' Exchange Co.New York Court of Appeals · 1851
- Clark v. TitcombNew York Supreme Court · 1864
3Cited by2 opinions
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- West v. KlotzOhio Supreme Court · 1881