Cass v. Realty Securities Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Realty Securities Company and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of June, 1911, overruling the appellants’ demurrers to the complaint and granting the plaintiffs’ motion for judgment on the pleadings.
1DissentLaughlin, J.
This is a representative action brought by the plaintiffs as second mortgage bondholders' of the appellant company, in behalf of themselves and all other bondholders of their class, for an accounting with respect to a fund of about $33,000 alleged to have been received by the defendant trust company as trustee under a second mortgage, given by appellant company to secure • the bonds, as the net proceeds of a sale of the mortgaged property, after payment of all prior hens, and delivered by the trustee to the appellant company, about $13,000 of *102which still remains in its treasury, and it is…
2Cases cited9 opinions
- Warren v. KingSupreme Court of the United States · 1883
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Field v. Lamson & Goodnow Manufacturing Co.Massachusetts Supreme Judicial Court · 1894
- Ettlinger v. Persian Rug & Carpet Co.New York Court of Appeals · 1894
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