Morton Trust Co. v. Metropolitan St. Ry. Co.
U.S. Circuit Court for the District of Southern New York
Application for leave to file a petition in re Second Avenue Railroad praying that receivers of the Metropolitan be instructed to turn over the Second and First Avenue Fines to the receiver appointed by the state court, and, upon such filing, for the relief stated.
1Opinion of the Court
LACOMBE, Circuit Judge.
The property in question consists of certain street surface railroads, with their equipment, in First and *490Second avenues and various other streets and avenues on Manhattan Island. It was leased by the Second Avenue Railroad Company to the Metropolitan Street Railway Company on January 28, 1898, and is included among the lines leased from the latter company by the New York City Railway Company. The rental stipulated by the Second Avenue lease aggregates $517,580 per annum, being 9 per cent, on the capital stock of that road and the interest on outstanding mortgage bonds.
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2Cases cited1 opinion
- Quincy, Missouri & Pacific Railroad v. HumphreysSupreme Court of the United States · 1892
3Cited by4 opinions
- Guaranty Trust Co. of New York v. Metropolitan St. Ry. Co.U.S. Circuit Court for the District of Southern New York · 1909
- American Brake Shoe & Foundry Co. v. New York Rys. Co.Court of Appeals for the Second Circuit · 1923
- Central Trust Co. v. Third Ave. R. R.U.S. Circuit Court for the District of Southern New York · 1908
- Pennsylvania Steel Co. v. New York City Ry. Co.U.S. Circuit Court for the District of Southern New York · 1910