Platt v. New York & Sea Beach Railway Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, made July 25,1901, which affirmed in part and reversed in part an order of Special Term denying a motion to require James T. Nelson, as receiver, to pay over certain money and for other relief. 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 second judicial department, made July 25,1901, which affirmed in part and reversed in part an order of Special Term denying a motion to require James T. Nelson, as receiver, to pay over certain money and for other relief. The facts, so far as material, and the questions certified, are stated in the opinion. All proceedings in the foreclosure suit bound and still- bind the permanent receiver. (Van Wagoner v. P. G. L. Co., 23 N. J. L. 283; 20 Am. & Eng. Ency. of Law [1st ed.], 239, n. 1; Hyde v. Lynde, 4…
1Opinion of the CourtO’Brien, J.
The questions involved in this appeal arose upon a series of facts with respect to which there is no dispute, and when these facts are clearly understood there is little difficulty in stating the legal principles which control the controversy. It is important to state. the events which culminated in the order appealed from in the order of time.
On the first of April, 1885, the New York & Sea Beach Bailway Company, a railroad corporation, executed and delivered to the plaintiffs as trustees a mortgage to secure a series of bonds then about to be issued and negotiated. This mortgage covered all…
2Cases cited1 opinion
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Court of Appeals · 1899
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- National Ben. Life Ins. Co. v. Shaw-Walker Co.Court of Appeals for the D.C. Circuit · 1940
- Richardson v. McCloskeyCourt of Appeals of Texas · 1924
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