American Brake Shoe & Foundry Co. v. New York Rys. Co.
District Court, S.D. New York
In Equity. Suit by the American Brake Shoe & Foundry Company against the New York Railways Company. On determination of certain questions of lien and amount of mortgage debt.
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In Equity. Suit by the American Brake Shoe & Foundry Company against the New York Railways Company. On determination of certain questions of lien and amount of mortgage debt. For brevity and convenience, the Guaranty Trust Company of New York will be referred to as Guaranty Company; New York Railways Company as Railways Company; Farmers’ Foan & Trust Company as Farmers’ Company; first real estate and refunding mortgage as the first mortgage, and the mortgage of which Farmers’ Company is trustee as the adjustment mortgage.
1Opinion of the Court
MAYER, Circuit Judge.
Guaranty Company, as trustee of the first mortgage of Railways Company, is plaintiff in the mortgage foreclosure suit, No. E 16-163.
It asks for a decree which, inter alia, shall determine: (1) The property covered by the lien of the mortgage; and (2) the amount of the obligation secured thereby. Farmers’ Company, as trustee under the adjustment mortgage, opposes the granting of any decree at this time. The further progress of the litigation will be later considered; but, whether or not the time has come for a final decree, it is important, from time to time, to dispose of…
2Cases cited13 opinions
- Memphis & Little Rock Railroad v. DowSupreme Court of the United States · 1887
- Smith v. McCulloughSupreme Court of the United States · 1881
- Pennsylvania Steel Co. v. New York City Ry. Co.Court of Appeals for the Second Circuit · 1912
- In re Progressive Wall Paper Corp.Court of Appeals for the Second Circuit · 1916
- In re P. J. Sullivan Co.Court of Appeals for the Second Circuit · 1918
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cleveland Trust Co. v. Consolidated Gas, Electric Light & Power Co.Court of Appeals for the Fourth Circuit · 1932
- In re the Estate of FeistNew York Surrogate's Court · 1939
- In re the Estate of McKendrieNew York Surrogate's Court · 1934
- Westinghouse Electric & Mfg. Co. v. Brooklyn Rapid Transit Co.District Court, S.D. New York · 1923
- Slupsky v. Westinghouse Electric & Mfg. Co.Court of Appeals for the Eighth Circuit · 1935
10 more not listed; retrieve them via the Exa API.