McHenry's Petition
New York Supreme Court
Motion by James McHenry, John H. Brown and Charles F. Evans, for an order making them parties, for the purpose of allowing them to contest the accuracy of the judgment and the receiver’s accounts.
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Motion by James McHenry, John H. Brown and Charles F. Evans, for an order making them parties, for the purpose of allowing them to contest the accuracy of the judgment and the receiver’s accounts. The petition of Mr. McHenry set forth the bringing of this action by the Farmers’ Loan and Trust Company as trustee, for the foreclosure of a mortgage known as the second consolidated mortgage of the Erie Railroad,and that previously a mortgage known as the first consolidated mortgage, had been made to the said Farmers’ Loan and Trust Company as trustee, and that plaintiff hold bonds secured by that…
1Opinion of the CourtDaniels, J.
As the complaint was amended in this action it has been confined simply to the foreclosure of what is known as the second consolidated mortgage executed and delivered by the Erie Railway Company to the plaintiff as trustee, to secure certain bonds issued by the railway company. As the complaint was originally framed, it included also the preceding mortgage, known as the first consolidated mortgage. But after the action had been, for a considerable period, prosecuted in that form, this mortgage was excluded from it, because, as it has been claimed, it had not been due at the time when the suit…
2Cases cited6 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Tomlinson v. JessupSupreme Court of the United States · 1873
- Bronson v. La Crosse & Milwaukie RailroadSupreme Court of the United States · 1864
- Peabody v. RobertsNew York Supreme Court · 1866
- Hall v. FisherNew York Court of Chancery · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hayward v. HoodNew York Supreme Court · 1886