Central Trust Co. v. Manhattan Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Manhattan Trust Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on 2d day of April, 1903, granting said defendant’s motion to make Walter Kirkpatrick Brice, as administrator de bonds non of Calvin S. Brice, deceased, and JEtna Powder Company parties defendant, provided they voluntarily appear and adopt the answer of the Manhattan Trust Company, and,…
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Appeal by the defendant, the Manhattan Trust Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on 2d day of April, 1903, granting said defendant’s motion to make Walter Kirkpatrick Brice, as administrator de bonds non of Calvin S. Brice, deceased, and JEtna Powder Company parties defendant, provided they voluntarily appear and adopt the answer of the Manhattan Trust Company, and, upon their failure to do so, denying said motion. The motion upon which the order appealed from was made was based upon an…
1Opinion of the Court
Laughlin, J.:
The plaintiff is the trustee under a mortgage executed by the West India Improvement Company to secure an issue of bonds of that company aggregating $1,000,000. The West . India Improvement Company was organized to promote the Jamaica railway and after executing the trust mortgage to the plaintiff it made an assignment to the appellant of 53,000 shares of stock of the Jamaica Railway Company and first mortgage bonds to the extent of $30,000 and second mortgage bonds to the extent of $100,000 to secure notes of the improvement company aggregating $1,000,000. The plaintiff,…
2Cases cited2 opinions
- Central Trust Co v. West India Improvement Co.New York Court of Appeals · 1901
- Central Trust Co. v. West India Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1900