Rhinelander v. . Farmers' Loan Trust Co.
New York Court of Appeals
Appeals from two orders of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1901, which affirmed two judgments entered upon a decision of the court on trial at Special Term sustaining demurrers of defendant to the replies of the plaintiff and dismissing the complaint. The nature of the actions and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action.
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Appeals from two orders of the Appellate Division of the Supreme Court in the first judicial department, entered April 12, 1901, which affirmed two judgments entered upon a decision of the court on trial at Special Term sustaining demurrers of defendant to the replies of the plaintiff and dismissing the complaint. The nature of the actions and the facts, so far as material, are stated in the opinion. The complaint states facts sufficient to constitute a cause of action. (Belden v. Burke, 72 Hun, 51; Frishmuth v. F. L. & T. Co., 95 Fed. Rep. 9; Tuttle v. Gilmore, 36 N. J. Eq. 617.) When the…
1Opinion of the CourtBartlett, J.
The actions are brought by bondholders as the cestui gue Bust in a railroad mortgage against the defendant as the trustee therein, to hold the defendant liable for its affirmative act of certifying, issuing and delivering bonds, to be sold to the plaintiffs, or whoever might become the purchaser thereof, as first mortgage land grant bonds, secured by mortgage on the land grant described therein, contrary to and in violation of the covenants of the mortgage. ' . ;
The plaintiff Rhinelander is the holder ot twenty bonds of the Oregon Pacific Railroad Company, purchased in the year 1887, and the…
2Cases cited7 opinions
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- Booth v. Cleveland Rolling Mill Co.New York Court of Appeals · 1878
- New England Iron Co. v. Gilbert (Metropolitan) Elevated RailroadNew York Court of Appeals · 1883
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Hale v. FinchSupreme Court of the United States · 1881
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3Cited by14 opinions
- Doyle v. Chatham & Phenix National BankNew York Court of Appeals · 1930
- Hazzard v. Chase National BankNew York Supreme Court · 1936
- Cassidy v. GouldSupreme Court of Oklahoma · 1922
- Clarke v. Chase Nat. Bank of City of New YorkCourt of Appeals for the Second Circuit · 1943
- Citizens Banking Co. v. Monticello State BankCourt of Appeals for the Eighth Circuit · 1944
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