Duncomb v. New York, Housatonic & Northern Railroad
New York Court of Appeals
These are appeals from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, affirming, reversing and modifying certain portions of an order of Special Term. This action was brought td foreclose a mortgage executed by the defendant, the New York, Ilousatonie & Northern Railroad Company, to plaintiffs as trustees for bondholders.
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These are appeals from order of the General Term of the Supreme Court, in the second judicial department, made September 14, 1880, affirming, reversing and modifying certain portions of an order of Special Term. This action was brought td foreclose a mortgage executed by the defendant, the New York, Ilousatonie & Northern Railroad Company, to plaintiffs as trustees for bondholders. A referee was appointed to ascertain the amount due on account of the bonds and the nature and extent of the interest of the bondholders and to report with the evidence. The report of the referee was confirmed with…
1Opinion of the CourtFinch, J.
It is not possible, in. this case, to go much beyond a brief statement of our conclusions. To discuss all the questions raised by the numerous appeals, through their voluminous and complicated details, would prolong an opinion beyond what is either necessary or profitable.
We have reached the conclusion that the appellant, Rucker, should be allowed to prove in full all of the $810,000 of bonds, which he holds as a pledge, to secure the debt due him from the railroad, company of $81,000 and interest, and which he can produce for that purpose; and is entitled to share in the distribution upon…
2Cases cited15 opinions
- Gold-Mining Co. v. National BankSupreme Court of the United States · 1878
- Coddington v. BayCourt for the Trial of Impeachments and Correction of Errors · 1822
- Weaver v. . BardenNew York Court of Appeals · 1872
- Butts v. . WoodNew York Court of Appeals · 1867
- Pratt v. . ShortNew York Court of Appeals · 1880
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3Cited by25 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Warren v. Para Rubber Shoe Co.Massachusetts Supreme Judicial Court · 1896
- Beaudette v. GrahamMassachusetts Supreme Judicial Court · 1929
- New Memphis Gaslight Co.Tennessee Supreme Court · 1900
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