Bradford, Eldred & Cuba Railroad v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made the first Monday of October, 1887, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The complaint in this action alleged and the trial court found, m substance, the following facts: In March, 1883, the corporation plaintiff and the defendant entered into an agreement, of the body of which the following is a copy: “ This agreement, made this twelfth day of March, A. D. 1883, by and between the Hew York, Lake…
1Opinion of the CourtPeckham, J.
The members of the court are not agreed upon the question of the validity of the contract in this case, and, therefore, no opinion thereon is expressed. A majority of the court, however, is of the opinion that the judgment herein must be reversed upon grounds which do not touch upon its validity, and I will briefly state what they are.
The judgment provides for the recovery by the plaintiff company of the full amount of the interest on its bonded indebtedness which had accrued prior. to the entry of such judgment, and of course long after the commencement of the action. The action was thus…
2Cases cited4 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Pierce v. PlumbIllinois Supreme Court · 1874
- Purdy v. . PhilipsNew York Court of Appeals · 1854
- Carter v. United InsuranceNew York Court of Chancery · 1815
3Cited by11 opinions
- Villano v. G & C Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
- John P. Moriarty, Inc. v. United StatesUnited States Court of Claims · 1942
- Donahue v. RaffertyWest Virginia Supreme Court · 1918
- Richardson Shoe Machinery Co. v. Essex Machine Co.Massachusetts Supreme Judicial Court · 1911
- Lowy & Donnath, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
6 more not listed; retrieve them via the Exa API.