Legal Opinion

Central Trust Co. v. New York City & Northern Railroad

New York Supreme Court

Decided October 15, 1884Published

Appeal from an interlocutory judgment, entered upon an order overruling a demurrer to the complaint.

1Opinion of the Court

Daniels, J.:

The action has been brought to foreclose a mortgage executed by the New York City and Northern Railroad Company to the Central Trust Company of the city of New York, to secure the payment of bonds of the railroad company in an aggregate amount not exceeding the sum of $4,000,000. The interest upon the bonds which were issued became due on the 1st day of May, 1882, and it was for the purpose of collecting that interest which has since *514remained unpaid, and foreclosing the mortgage and selling the mortgaged property, and out of the - proceeds paying the indebtedness, that this action…

2Cases cited4 opinions

  1. Chicago & Vincennes Railroad v. FosdickSupreme Court of the United States · 1882
  2. Howell v. Western Railroad CompanySupreme Court of the United States · 1877
  3. Holden v. GilbertNew York Court of Chancery · 1838
  4. Second American Building Ass'n v. PlattThe Superior Court of New York City · 1856

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