James v. Cowing
New York Supreme Court
Appeal from a judgment entered upon the trial of this action by the court, without a jury, in favor of the plaintiff as against the defendant Cowing and against the plaintiff, and in favor of the defendant, The New York Elevated Bailroad Company.
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Appeal from a judgment entered upon the trial of this action by the court, without a jury, in favor of the plaintiff as against the defendant Cowing and against the plaintiff, and in favor of the defendant, The New York Elevated Bailroad Company. The action was brought to recover the amount of certain first mortgage bonds issued by the West Side Elevated Patented Bail-road Company, secured by a mortgage of the property of said company given to the defendant Cowing, as trustee, and by him in alleged violation of his trust, conveyed to the defendants, The New York Elevated Bailroad Company.
1Opinion of the Court
Brady, J.:
The learned justice in the court below found the following facts and conclusions of law :
*258FACTS.
I. In the year 1868 the West Side Elevated Patented Railway Company was incorporated in the city of New York, under the general railroad laws of the State, with a board of seven directors and other proper officers, and with an authorized capital of $5,000,000 for the purpose of constructing and operating an elevated railway in the city of New York, from the Battery through Greenwich street and the Ninth avenue to Harlem river.
II. Prior to the 1st of August, 1868, the said company had…
2Cases cited9 opinions
- Wormley v. WormleySupreme Court of the United States · 1823
- Thompson v. BrownNew York Court of Chancery · 1820
- Litchfield v. . WhiteNew York Court of Appeals · 1852
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
- Green v. WinterNew York Court of Chancery · 1814
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