Carpenter v. . Black Hawk Gold Mining Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department reversing a judgment in favor of plaintiff, entered on the report of a referee, and granting a new trial. The action was brought to have a certain mortgage or deed of trust given by defendant the Black Hawk Gold Mining Company declared void, and for other relief.
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Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department reversing a judgment in favor of plaintiff, entered on the report of a referee, and granting a new trial. The action was brought to have a certain mortgage or deed of trust given by defendant the Black Hawk Gold Mining Company declared void, and for other relief. In 1864 that company was organized as a corporation under the general manufacturing laws of this State, to work certain gold mines situate in Gilpin county, in the Territory of Colorado, and it acquired the title to several mines there and…
1Opinion of the Court
Earl, C.
The referee held that the mortgage was void and of no effect, and that it should be delivered up and canceled, and that the defendants White and Wall, the trustees, should be perpetually restrained from selling the mortgaged property under the power contained in the mortgage. Hence, if the mortgage was a valid security for any amount, the General Term properly reversed the judgment entered upon the report of the referee.
This company was organized under the general act “ to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes.” (Chap. 40,…
2Cases cited13 opinions
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Society for Savings v. City of New LondonSupreme Court of Connecticut · 1860
- Jackson ex dem. Lowell v. ParkhurstNew York Supreme Court · 1830
- Murray v. . WalkerNew York Court of Appeals · 1865
- New Orleans, Jackson, & Great Northern Railroad v. HarrisMississippi Supreme Court · 1854
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3Cited by17 opinions
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- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895
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- Chapman Valve Manufacturing Co. v. Oconto Water Co.Wisconsin Supreme Court · 1895
- Lord v. . Yonkers Fuel Gas Co.New York Court of Appeals · 1885
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