Farmers' Loan & Trust Co. v. New York & Northern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Action by the Farmers’ Loan & Trust Company, as trustee, against the New Xork & Northern Railway Company and others. Artemas H. Holmes and Nathaniel A. Elsberg, for appellants. Thomas Thacher (James F. Horan, on the brief), for respondent.
1Dissent
WOODWARD, J. (dissenting).
This action was brought July 20, 1893, to foreclose a second mortgage upon the property of the New Xork & Northern Railway Company (hereafter referred to as the “Northern Company”). The mortgage was made by the Northern Company, and delivered to the plaintiff as trustee, to secure the payment of second mortgage bonds amounting to $3,200,000. This mortgage was made in furtherance of a plan to reorganize the predecessor of the Northern Company, and the interest on the bonds for the first four years was payable only out of the net earnings, and no interest became due…
2Cases cited8 opinions
- Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
- Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
- Derham v. . LeeNew York Court of Appeals · 1882
- Smith v. HiltonNew York Supreme Court · 1888
- Bradley v. . BradleyNew York Court of Appeals · 1900
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