Bowen v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 17, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, entered December 17, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. It was not the intention of the framers of section 5057 of the United States Bevised Statutes that it should apply to the conceded facts in this case. The section has no application to suits growing out of the dealings of the assignee with the estate…
1Opinion of the Court
Andrews, Ch. J.
This is an action of ejectment, brought in 1888 by the assignee.in bankruptcy of Anna R. Dwight, who was adjudged a bankrupt in 1878, to recover lands included in a way laid out by the bankrupt before her bankruptcy across lands in the city of Binghamton owned by her, which she had mapped and divided into lots abutting on the way twenty feet in width, extending from the west bank of the Chenango river westerly to Front street, and also land under water. The bankrupt prior to her bankruptcy had mortgaged the lots, through the purchase of which, on the foreclosure of the…
2Cases cited11 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Phelps v. McDonaldSupreme Court of the United States · 1879
- Banks v. OgdenSupreme Court of the United States · 1865
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3Cited by4 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- Brewer v. Yazoo & M. V. R.Supreme Court of Louisiana · 1911
- Callaghan v. BaileyNew York Court of Appeals · 1944