Rogers Locomotive & MacHine Works v. Kelley
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 30,1879, which reversed a judgment, entered upon the report of a referee.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made December 30,1879, which reversed a judgment, entered upon the report of a referee. (Reported below, 19 Hun, 399.) This action was brought by plaintiff as the holder of certain interest coupons upon bonds issued by the Mississippi Railroad Company to compel the defendants, Kelley & Alexander, to pay over moneys alleged to have been deposited with them by defendants, the Hew Orleans and Chicago Railroad Company, in trust, to pay said coupons. The facts material to the questions discussed appear in…
1Opinion of the Court
Andrews, Ch. J.
By the judgment in this action, the defendants Kelly & Alexander were required to pay to the defendant Connor, sheriff, etc., the sum of $13,148.06, to be by him applied upon a judgment recovered by the defendant Bills against the New Orleans, St. Louis and Chicago Railway Company, also a defendant in the action. The claim of the sheriff to the money is founded upon an attachment issued April 30, 1875, in an action by Bills against the railroad company, and which on the following day was levied by the sheriff on $13,148.06 in the hands of Kelly & Alexander, claimed by the…
2Cases cited3 opinions
- Martin v. . FunkNew York Court of Appeals · 1878
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- Kelly v. . RobertsNew York Court of Appeals · 1869
3Cited by36 opinions
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Staten Island Cricket & Baseball Club v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Warder v. BradyCourt of Appeals for the Fourth Circuit · 1940
- Manhattan Co. v. BlakeSupreme Court of the United States · 1893
- Ehag Eisenbahnwerte Holding Aktiengesellschaft v. Banca Nationala a RomanieiNew York Court of Appeals · 1954
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