Legal Opinion

National City Bank v. Cleveland & Buffalo Transit Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1936Published

1Opinion of the CourtCrosby, J.

This controversy is submitted upon a stipulated set of facts, pursuant to sections 546 and 547 of the Civil Practice Act. The plaintiffs are trustees under a trust deed given to secure an issue of bonds owed by the defendant The Cleveland and Buffalo Transit Company which owns the land and other properties covered by the trust deed. There has been a default in payment of interest on the bonds since February 1, 1932, but no foreclosure suit has been begun and no receiver appointed. On February 2, 1932, the city of Buffalo blocked off the street abutting the real property of the defendant The…

2Cases cited11 opinions

  1. Sauer v. . City of New YorkNew York Court of Appeals · 1904
  2. Utter v. . RichmondNew York Court of Appeals · 1889
  3. Smith v. Mayor of New YorkNew York Court of Appeals · 1877
  4. Matter of Crane v. . CraigNew York Court of Appeals · 1921
  5. The Bank of Auburn v. . RobertsNew York Court of Appeals · 1870

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