Northampton National Bank v. Kidder
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York in favor of plaintiff, entered upon an order made November 24, 1883, which directed j udgment on a verdict directed by the court. (Reported below, 17 J. & S. 338.) This action was brought to recover damages for the alleged conversion by defendants of two $1,000 bonds belonging to plaintiff. The material facts are stated in the opinion.
1Opinion of the CourtBeckham, J.
In the year 1871, the Ohio and Mississippi Railroad Company issued what was termed a second consolidated mortgage to secure the payment of a large amount of its bonds. The bonds on their face were payable on the 1st day of April, 1911, with interest in meantime semi-annually at the rate of seven per cent, on the first days of April and October in each year, until the principal was paid, upon the presentation and surrender to the company of the coupon or interest warrant attached for each installment of interest as it became due. Each bond contained this clause: “ In case of the non-payment of…
2Cases cited6 opinions
- Morgan v. United StatesSupreme Court of the United States · 1885
- Railroad Co. v. SpragueSupreme Court of the United States · 1881
- Vermilye & Co. v. Adams Express Co.Supreme Court of the United States · 1875
- The First National Bank v. . GreenNew York Court of Appeals · 1871
- Miller v. . TalcottNew York Court of Appeals · 1873
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3Cited by13 opinions
- Albertina Realty Co. v. Rosbro Realty Corp.New York Court of Appeals · 1932
- Quaranto v. SilvermanMassachusetts Supreme Judicial Court · 1963
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895
- Pizer v. HerzigAppellate Division of the Supreme Court of the State of New York · 1907
- Hothorn v. LouisAppellate Division of the Supreme Court of the State of New York · 1900
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