Heath v. Port of Para
District Court, S.D. New York
In Equity. Suit by George B. Heath against the Port of Para, the National Trust Company, Limited, as trustee, and the Empire Trust Company, as trustee. On application of the Empire Trust Company, trustee, for instructions.
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In Equity. Suit by George B. Heath against the Port of Para, the National Trust Company, Limited, as trustee, and the Empire Trust Company, as trustee. On application of the Empire Trust Company, trustee, for instructions. This is an application by Empire Trust Company, as trustee, as to the course to be pursued at the meeting of the holders of bonds issued under the deed ■of trust of which Empire Trust Company is trustee, in respect of the acceptance of votes by or on behalf of bonds issued under said deed of trust pledged by defendant Port of Para, and for other and appropriate relief. The…
1Opinion of the CourtMayer, District Judge
(after stating the facts as above). The meeting which is about to be held will be conducted according to what is known' as “the second schedule,” attached to and a part of the deed of trust. This is a form of procedure familiar in English deeds of trust, whereby a meeting of bondholders is held and such meeting conducted generally in accordance with procedure outlined in the deed of trust.
The deed of trust securing these second division bonds defines the expressions “the bonds” and “the bondholders” as follows:
“ ‘Tbe bonds’ means tbe bonds of tbe company of each and every series issued…
2Cases cited6 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Brewster v. HartleyCalifornia Supreme Court · 1869
- Vail v. . HamiltonNew York Court of Appeals · 1881
- William Firth Co. v. South Carolina Loan & Trust Co.Court of Appeals for the Fourth Circuit · 1903
- Thomas v. International Silver Co.New Jersey Court of Chancery · 1907
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