Benjamin v. Elmira, Jefferson & Canandaigua Railroad
New York Supreme Court
APPEAL from a.judgment entered upon the report of. a referee. The action was brought to recover the value of certain personal property, consisting of railroad locomotive engines, cars, machinery and fixtures, claimed to belong to the plaintiffs,, and alleged to have been converted by the defendants, and of the value of $32,000. The defendants, by their answer, First, admitted that they were an incorporation, (under the general railway act, incorporated February, 1859,) but…
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APPEAL from a.judgment entered upon the report of. a referee. The action was brought to recover the value of certain personal property, consisting of railroad locomotive engines, cars, machinery and fixtures, claimed to belong to the plaintiffs,, and alleged to have been converted by the defendants, and of the value of $32,000. The defendants, by their answer, First, admitted that they were an incorporation, (under the general railway act, incorporated February, 1859,) but denied each and every other allegation in the complaint contained. Second. They alleged that they derive title to the…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
The conclusions upon the law, of the learned judge who tried this cause as a referee, upon the facts found by him, I think entirely correct. The decree upon the foreclosure of the mortgage of $300,000, given to Knapp & Townsend as trustees, &o. is, I think, binding and conclusive, as an adjudication, upon the defendants in respect to the subject matter in controversy, in this action. The mortgage, mortgage bond, and the certifi- " cate thereon indorsed, referred to in said decree, are all to be construed together. They are parts and parcels of the same .…
2Cited by14 opinions
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- Greenup v. CrooksIndiana Supreme Court · 1874
- Wright v. Bircher'sSupreme Court of Missouri · 1880
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
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