Trust Co. of America v. . United Boxboard Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 3, 1914, which reversed an order of Special Term denying a motion for an order to compel payment by the plaintiff to the defendant, as holder of sixteen bonds of United Boxboard and Paper Company to the face value of $16,000, of the pro rata share of the proceeds of the foreclosure sale of stock of the American Strawboard Company under the judgment and final…
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 3, 1914, which reversed an order of Special Term denying a motion for an order to compel payment by the plaintiff to the defendant, as holder of sixteen bonds of United Boxboard and Paper Company to the face value of $16,000, of the pro rata share of the proceeds of the foreclosure sale of stock of the American Strawboard Company under the judgment and final order of distribution in the above-entitled action. The facts, so far as material, are stated in the opinion. The order is…
1Opinion of the CourtMiller, J.
This action was brought to foreclose a mortgage made by the United Boxboard and Paper Company, a New Jersey corporation, to the plaintiff (now the Equitable Trust Company of New York), as trustee, covering certain shares of stock of the American Straw Board Company, to secure the bonds of the mortgagor which were to be certified and delivered by the trustee upon the delivery to it of said stock. Upon the dissolution of the mortgagor company, its assets were transferred to the defendant by a reorganizing committee. The stock covered by the mortgage was sold upon the foreclosure sale for…
2Cases cited10 opinions
- Livingston v. . LivingstonNew York Court of Appeals · 1903
- Van Arsdale v. . KingNew York Court of Appeals · 1898
- Wetmore v. . WetmoreNew York Court of Appeals · 1900
- Jewelers' Mercantile Agency v. RothschildNew York Court of Appeals · 1898
- People v. . American Loan Trust Co.New York Court of Appeals · 1896
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3Cited by1 opinion
- United States v. SteffenDistrict Court, N.D. California · 1951