Herring v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made January 9, 1885, which affirmed a judgment ■entered upon an order sustaining a demurrer to plantifi’s complaint.
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Appeal from, judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made January 9, 1885, which affirmed a judgment ■entered upon an order sustaining a demurrer to plantifi’s complaint. The plaintiff commenced this action on hehalf of himself and all other creditors of the Erie Railway Company similarly situated, and made parties defendants the Hew York, Lake Erie and Western Railroad Company, the Farmers’ Loan and Trust Company and Hugh J. Jewett, receiver of the Erie Railway Company. In his complaint he alleges that prior to its dissolution…
1Opinion of the CourtEarl, J.
The plaintiff alleges.that at the time of the commencement of the actions by the People against the Erie Railway Company for its dissolution, and by the Farmers’ Loan and Trust Company for the foreclosure of the mortgages upon its property, it owned a large amount of stock and bonds in other corporations which were not covered by or subject to the mortgages; and he seeks now to reach that property and to subject it to the payment of certain unsecured obligations which he and other creditors, similarly situated, then held and still hold against the Erie Railway Company. He finds in his pathway…
2Cases cited3 opinions
- Candee v. . LordNew York Court of Appeals · 1849
- Stout v. LyeSupreme Court of the United States · 1881
- Mann v. . PentzNew York Court of Appeals · 1850
3Cited by9 opinions
- Decker v. . GardnerNew York Court of Appeals · 1891
- Empire Trust Co. v. BrooksCourt of Appeals for the Fifth Circuit · 1916
- National Butchers & Drovers' Bank v. HubbellNew York Court of Appeals · 1889
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
- Sullivan v. . MillerNew York Court of Appeals · 1887
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