Guarantee Trust & Safe Deposit Co. v. Philadelphia, Reading & New England Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 9, 1898, which affirmed in part and in part reversed an order' of the Special Term. The nature of the action and of the order, and the facts, so far as material, are stated in the opinion. The order of the Appellate Division dated May 8, 1899, cured the defect in the petitioners’ appeal. (Code Civ.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 9, 1898, which affirmed in part and in part reversed an order' of the Special Term. The nature of the action and of the order, and the facts, so far as material, are stated in the opinion. The order of the Appellate Division dated May 8, 1899, cured the defect in the petitioners’ appeal. (Code Civ. Pro. § 190, subd. 2; People v. St. Nicholas Bank, 150 N. Y. 563; 151 N. Y. 592.) The petitioners’ time to appeal from the order of the Appellate Division, dated June 7, 1898, has…
1Opinion of the CourtMartin, J.
This action was commenced August 19, 1893, to foreclose certain mortgages made by the defendant, which were given to secure the payment of its bonds. On the same day James K. O. Sherwood was appointed receiver of the defendant pendente lite with the usual powers of receivers in such cases. The order appointing him also provided that he might pay for such repairs, supplies, labor and services as he, in his judgment, considered necessary to conserve the property and operate the road of the defendant, and likewise that he might pay debts of the defendant theretofore incurred for the current…
2Cases cited11 opinions
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Clapp v. . HawleyNew York Court of Appeals · 1885
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Jewelers' Mercantile Agency v. RothschildNew York Court of Appeals · 1898
- Matter of Attorney-GeneralNew York Court of Appeals · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Daine v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1948
- Mohrmann v. KobNew York Court of Appeals · 1943
- Cornell v. CornellNew York Court of Appeals · 1959
- Merrick v. MerrickNew York Court of Appeals · 1934
- Nagin v. Long Island Savings BankAppellate Division of the Supreme Court of the State of New York · 1983
41 more not listed; retrieve them via the Exa API.