Hagar v. William Radam Microbe Killer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the William Eadam Microbe Killer Company, from an order of the Supreme Court, mdde at the New York Special Term and entered in .the office of the. clerk of the ■ county of New York on the 7th day of ..January, 1907, resettling .a prior order and denying the defendant’s motion to compel the plaintiff to give security for costs.
1Opinion of the Court
McLaughlin, J.:
■ .The defendant, a domestic corporation,.on Hovember 30, 1903, executed and delivered to one Morris, as trustee, a mortgage to *840secure the payment of.certain, bonds. Morris accepted the trust and continued to act until November 8, 1905, when he resigned, and thereupon one Bostwick, who claimed to be the owner of all of the outstanding bonds, was, upon his own- application, appointed substituted trustee, but the order appointing him was, on appeal, reversed, the .court holding that inasmuch as there was a question ■ as to the validity of the bonds, the trustee and beneficiary…
2Cases cited2 opinions
- In re the Trusteeship under a Certain Indenture of Mortgage MadeAppellate Division of the Supreme Court of the State of New York · 1906
- In re the Trusteeship under a Certain Indenture of MortgageAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- United States v. BangsAppellate Division of the Supreme Court of the State of New York · 1909
- Hilgenberg v. Great Eastern Casualty & Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1911