Legal Opinion

Stevens v. Union Trust Co.

New York Supreme Court

Decided September 25, 1890PublishedCited by 8 opinions

Appeal from special term, Rensselaer county. Action by Aaron R. Stevens, in behalf of himself and of all others similarly situated, to procure the sale of theLebanon-Springs Railroad under judgments of foreclosure and sale procured by the defendant the Union Trust Company, in December, 1872, as trustee for the holders of the Lebanon Springs Railroad Company’s first mortgage bonds, and also as trustee for the bondholders of the Harlem Extension Railroad Company’s mortgage…

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Appeal from special term, Rensselaer county. Action by Aaron R. Stevens, in behalf of himself and of all others similarly situated, to procure the sale of theLebanon-Springs Railroad under judgments of foreclosure and sale procured by the defendant the Union Trust Company, in December, 1872, as trustee for the holders of the Lebanon Springs Railroad Company’s first mortgage bonds, and also as trustee for the bondholders of the Harlem Extension Railroad Company’s mortgage bonds upon the same railroad, the Harlem Extension Company being the subsequent owner of the railroad. The plaintiff…

1Opinion of the CourtLandon, J.

The disposition of this case requires us to determine—Hirst, what were the rights of the plaintiffs as bondholders of the Lebanon Springs and Harlem Extension Railroad Companies at the date of the commencement of the action of Marvin Sackett v. Russell C. Root and others? Second, was that action a representative one,.fairly conducted for the benefit of all the bondholders, or was it só vitiated by fraud as to entitle the plaintiffs to have the orders, and judgment therein, vacated and set aside as to them? A brief reference to the facts, most of which were found by the trial court, will, we…

2Cases cited13 opinions

  1. Galveston Railroad v. CowdreySupreme Court of the United States · 1871
  2. O'Brien v. . YoungNew York Court of Appeals · 1884
  3. Dobson v. . PearceNew York Court of Appeals · 1854
  4. Miner v. . BeekmanNew York Court of Appeals · 1872
  5. Western R.R. Co. v. . NolanNew York Court of Appeals · 1872

8 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In re the Estate of PothNew York Surrogate's Court · 1935
  2. Investors' Syndicate v. North American Coal & Mining Co.North Dakota Supreme Court · 1915
  3. Smith v. Pacific Improvement Co.New York Supreme Court · 1918
  4. Cherry v. HowellDistrict Court, E.D. New York · 1931
  5. Stevens v. Central National BankNew York Supreme Court · 1898

3 more not listed; retrieve them via the Exa API.

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