Pomeroy v. Hocking Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
i Appeal by the defendant, The Hocking Valley Railway 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 the 13th day of February, 1918, denying its motion to vacate a judgment herein and for leave to file a supplemental answer. "
1Opinion of the Court
Lattghlin, J.:
The Kanawha and Hocking Coal and Coke Company, a West Virginia corporation, under date of July 1,1901, duly issued 3,500 bonds of the par value of $1,000 each with coupons attached for the payment of interest at the rate of five per cent per annum, payable semi-annually until the maturity of the bonds fifty years after date. The bonds were secured by a first mortgage on property of the coal company and payment of both principal and interest when due was guaranteed by defendant and in case of any default it covenanted to pay the holders of the bonds on demand. There was a default…
2Cases cited5 opinions
- Ducker v. . RappNew York Court of Appeals · 1876
- Hubbell v. CarpenterNew York Supreme Court · 1849
- La Farge v. . Herter and DillenbeckNew York Court of Appeals · 1853
- McNulty v. . HurdNew York Court of Appeals · 1881
- Ost v. MindlinAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by2 opinions
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918