Denver Tramway Co. v. Bankers Trust Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Page, J.:
The parties to this submission desire the construction of a mortgage or trust deed under which certain bonds have been issued.
The submission provides: “ None of the admissions herein contained are in anywise to affect either party, or to be regarded as made, except for the purpose of this submission.” A statement is made that a difference of opinion has arisen as to the construction of the mortgage or trust deed. The *434final clause of the submission asks on behalf of the plaintiff that the court find and declare that the proper construction and meaning of the words in the mortgage is…
2Cases cited1 opinion
- Marshall v. HaywardAppellate Division of the Supreme Court of the State of New York · 1901