People's Trust Co. v. . Schenck
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 10, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage, which was executed and delivered by the Brooklyn and Bockaway Beach Bailroad Company to the plaintiff, as trustee, to secure the payment of an issue of bonds.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 10, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to foreclose a mortgage, which was executed and delivered by the Brooklyn and Bockaway Beach Bailroad Company to the plaintiff, as trustee, to secure the payment of an issue of bonds. The appellant here is the defendant Schenck, who claims that the lien of a judgment recovered by him against the company is superior to that of the…
1Opinion of the CourtG-ray, J.
I think the determination made below of the question of priority of liens, as between the appellant’s judgment and the corporate mortgage to the plaintiff, is correct. There is no question but that subsequently-acquired property may be subjected to the lien of a mortgage, (Bear Lake & R. W. W. & Irrigation Co. v. Garland, 164 U. S. 1-15), and whether the land under the waters of Jamaica bay, which was subsequently acquired by the railroad company, was comprehended within its mortgage is a matter to be determined from the language of the instrument and by the appropriateness, or the necessity…
2Cases cited3 opinions
- Bear Lake & River Water Works & Irrigation Co. v. GarlandSupreme Court of the United States · 1896
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- E. G. Blakslee Manufacturing Co. v. E. G. Blakslee's Sons Iron WorksNew York Court of Appeals · 1891
3Cited by7 opinions
- Guaranty Trust Co. v. New York & Queens County Railway Co.New York Court of Appeals · 1930
- Federal Trust Co. v. Bristol County Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Moenig v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Gray v. HudsonConnecticut Superior Court · 1974
- People v. PrinceNew York Supreme Court · 1981
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