Legal Opinion

Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.

District Court, S.D. New York

Decided August 22, 1922PublishedCited by 3 opinions

In Equity. Suits by Westinghouse Electric & Manufacturing Company and by the Central Union Trust Company of New York against the Brooklyn Rapid Transit Company and others. On motion to determine priority of lien between mortgagees. Abbreviations will be the same as those in 276 Fed. 152. Other abbreviations used will be obvious in the course of the opinion.

1Opinion of the Court

MAYER, Circuit Judge.

This is a motion made in a suit brought by Central Union Trust Co. to foreclose the mortgage of Municipal Co,, dated July 1, 1912, and the mortgage of Consolidated Co., dated February 1, 1913. An order heretofore entered withdrew certain questions and issues from further consideration by the special master. This procedure was adopted mainly to avoid an elaborate proceeding if certain contentions prevailed, and was deemed advisable by court and litigants in order to save time and expense in a litigation which involves a very large sum, as well as the rights of probably…

2Cases cited14 opinions

  1. Thompson v. FairbanksSupreme Court of the United States · 1905
  2. Curtis and Others v. . LeavittNew York Court of Appeals · 1857
  3. Pennock v. CoeSupreme Court of the United States · 1860
  4. Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
  5. Zartman v. First National BankNew York Court of Appeals · 1907

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3Cited by3 opinions

  1. LaSalle National Bank v. Duff & Phelps Credit Rating Co.District Court, S.D. New York · 1996
  2. O'Connor v. ChiascioneSupreme Court of Connecticut · 1943
  3. Foster v. L. M. S. Development Co.Court of Appeals of Texas · 1961

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