Colorado & Southern Railway Co. v. Blair
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 3, 1914, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “ Does, the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered August 3, 1914, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following question was certified: “ Does, the complaint state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. To state a cause of action on the contract here involved the complaint must show that the certificate of beneficial interest…
1Opinion of the CourtMiller, J.
This is an action for the specific performance of an agreement of purchase and sale of a so-called beneficial interest in one-half of the common and preferred stock of the Colorado Midland Bailway Company owned by the plaintiff. ' Said interest was pledged by the plaintiff to the Central Trust Company, then trustee under a first mortgage, to secure an issue of bonds of which $19,402,000 have been issued and are outstanding. Subsequently it was assigned, subject to said prior mortgage, to said trust company as trustee under a refunding and extension mortgage, under which bonds to the amount of…
2Cases cited22 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- Kerrison v. StewartSupreme Court of the United States · 1876
- Wallace v. LoomisSupreme Court of the United States · 1878
- Goad v. MontgomeryCalifornia Supreme Court · 1898
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
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3Cited by38 opinions
- Hazzard v. Chase National BankNew York Supreme Court · 1936
- Paley v. Coca Cola CompanyMichigan Supreme Court · 1973
- Kriv v. Northwestern Securities Co.Supreme Court of Iowa · 1946
- Detroit Trust Co. v. Stormfeltz-Loveley Co.Michigan Supreme Court · 1932
- First National Bank v. Bryn Mawr Beach Building Corp.Illinois Supreme Court · 1937
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