Elliott v. Guardian Trust Co. of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Guardian Trust Company of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of October, 1910, upon the report of a referee.
1Opinion of the Court
'Miller, J.:
This is a suit by the plaintiff, one of the bondholders of the La Dicha and Pacific Railroad Company, in behalf of himself and of all others having like interest, to compel the defendant, the trustee named in the mortgage, to account for the moneys received upon the subscriptions for the said bonds. The interlocutory judgment directs an accounting as prayed for in the complaint. The complaint asks that the defendant account for the moneys of the plaintiff and others received by it and paid over to the said railroad company. The appellant challenges the judgment as not supported by…
2Cases cited1 opinion
- Belden v. . BurkeNew York Court of Appeals · 1895
3Cited by1 opinion
- Sass v. New Yorker Towers, Ltd.Appellate Division of the Supreme Court of the State of New York · 1965