People v. Erie Railway Co.
New York Supreme Court
Motion by petitioner that he be made a party to each of the above-entitled actions and that he may be allowed for himself and all others similarly situated with him to come in and defend. The petitioner alleges in his affidavits that he is a creditor of the defendant, the Erie Railway Company, which is not only flatly denied, but it is averred that the petitioner is actually indebted to the defendants in a large amount.
1Opinion of the CourtLawrence, J.
I have examined the vast mass of papers referred to and submitted on the argument of this motion, and after giving to the facts disclosed and to the arguments presented the most careful consideration, I have reached the conclusion that the motion should be denied.
The petitioner has not established, to my satisfaction, that he has the first lien, which he claims, either upon the Western Extension Certificates, or upon the stock of the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company.
The allegations contained in the petition in respect to the alleged liens are most fully met and…
2Cases cited3 opinions
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
- McCartney v. . BostwickNew York Court of Appeals · 1865
- Jones v. LyndsNew York Court of Chancery · 1838