Holland Trust Co. v. Thomson-Houston Electric Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1901, which reversed an order of Special Term directing the purchasers at a foreclosure sale to deposit with the referee an amount-sufficient to pay certain coupons held by the petitioner. The facts, so far as material, and the questions certified are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 13, 1901, which reversed an order of Special Term directing the purchasers at a foreclosure sale to deposit with the referee an amount-sufficient to pay certain coupons held by the petitioner. The facts, so far as material, and the questions certified are stated in the opinion. The first question certified to the court should be answered in the affirmative. (Thomson v. Lee Co., 3 Wall. 327; C., etc., Co. v. Blair, 45 Md. 102; Jones on Railroad Securities, § 337;…
1Opinion of the CourtO’Brien, J.
This is an appeal from a final order in a special proceeding which originated in the application to the court, by a party claiming to be interested, to compel the purchasers of corporate property at a sale under a judgment of foreclosure to perform the contract of purchase. The facts in the case are somewhat complicated, but as they are stated in great detail in the discussion in the court below (62 App. Div. 299), it will be sufficient here to refer to them in a general way.
In the year 1889 and for some time after the defendant was doing business under the name of the East River Electric…
2Cases cited1 opinion
- Holland Trust Co. v. Thomson-Houston Electric Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Klein v. . East River Electric Light Co.New York Court of Appeals · 1905
- Reynolds v. Title Guarantee & Trust Co.New York Supreme Court · 1923