King v. Union Iron Co.
New York Supreme Court
Appeal from special term, Erie county. Action by James H. King and another against The Union Iron Company •of Buffalo and Elisha P. Wilbur. Plaintiffs appeal from that part of the judgment by which defendant Wilbur was subrogated to the rights of the holders •of the bonds of defendant company of Buffalo, in the sum of $280,000, secured -by a first mortgage upon the company’s property, and subordinating plaintiffs’ .judgment to such lien.
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Appeal from special term, Erie county. Action by James H. King and another against The Union Iron Company •of Buffalo and Elisha P. Wilbur. Plaintiffs appeal from that part of the judgment by which defendant Wilbur was subrogated to the rights of the holders •of the bonds of defendant company of Buffalo, in the sum of $280,000, secured -by a first mortgage upon the company’s property, and subordinating plaintiffs’ .judgment to such lien. Defendants also appeal from so much of said , judgment as declared that a judgment procured against the company by defendant Wilbur on the 8th day of April,…
1Opinion of the CourtMacomber, J.
The defendant, the Union Iron Company of Buffalo, which "was organized in 1872, carried on business at the city of Buffalo, until the year 1880. The plaintiffs brought an action upon contract against that corporation •on the 19th day of October, 1881, which resulted in a judgmentin their favor in the sum of $20,000 damages, besides costs, and the same was entered on the 7th day of April, 1883. The defendant Elisha P. Wilbur, from the organization ■of the company, was a trustee thereof, and one Ario Pardee was likewise a trustee, and the president of the corporation. Prior to the month of…
2Cases cited2 opinions
- Paulding v. . the Chrome Steel CompanyNew York Court of Appeals · 1884
- Varnum v. . HartNew York Court of Appeals · 1890
3Cited by2 opinions
- Joseph v. RaffAppellate Division of the Supreme Court of the State of New York · 1903
- City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903