Thomas v. New York & Greenwood Lake Railway Co.
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 June 29,1892, which affirmed a judgment in favor of defendants entered upon an order of Special Term which overruled demurrers to the amended complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 29,1892, which affirmed a judgment in favor of defendants entered upon an order of Special Term which overruled demurrers to the amended complaint. The complaint is as follows: The plaintiff, suing in his own behalf, as well as in behalf of all other holders and owners of income mortgage bonds issued by the defendant, the New York and Greenwood Lake "Railway Company, similarly situated with himself, who shall come in as parties to, and contribute to the expenses of…
1Opinion of the Court
Andrews, Ch. J.
The main proposition upon which this action is sought to be maintained is that the relation created between the Xew York & Greenwood Lake railway and the holders of the income bonds, in respect to the earnings of the railroad, was fiduciary, and that, under the general equitable rule which permits a cestui que trust to maintain an action against the trustee .for an accounting in respect to the trust fund, the plaintiff may maintain this action, without showing any misappropriation or wrong doing by the company or its directors. This proposition upon the facts disclosed in the…
2Cases cited6 opinions
- Trist v. ChildSupreme Court of the United States · 1875
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Boardman v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1881
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Doll v. . NobleNew York Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Greeff v. Equitable Life Assurance Society of United StatesNew York Court of Appeals · 1899
- Central of Georgia Railway Co. v. Central Trust Co.Supreme Court of Georgia · 1910
- Donovan v. MiddlebrookAppellate Division of the Supreme Court of the State of New York · 1904
- First National Bank of Hollywood v. American Foam Rubber Corp.Court of Appeals for the Second Circuit · 1976
- Lubin v. Equitable Life Assurance Society of United StatesAppellate Court of Illinois · 1945
26 more not listed; retrieve them via the Exa API.