Manufacturers' Commercial Co. v. Rochester Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Manufacturers’ .Commercial Company, from so much of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28th day of July, 1910, upon the decision of the court rendered after a trial at the Monroe Special Term, as adjudges that the plaintiff is entitled to recover the sum of $945.10 only, and awards the defendant Place $12,327.77 less certain specified costs.
1Opinion of the Court
Spring, J.:
This action was originally commenced for an accounting against the defendant railway company to recover about- $13,000, the balance claimed to be due on account of railroad ties sold by the Eccleston Lumber Company to said railway company. The latter *251company had this money in its possession and was ready to pay it to the rightful owner. Josiah W. Place also made claim to this money and was by order of the court made a party defendant; and the chief controversy is between these two claimants to this fund.
The Rochester Railway Company had from time to time purchased ties of the…
2Cases cited5 opinions
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- Willets v. . HatchNew York Court of Appeals · 1892
- First National Bank of Batavia v. . EgeNew York Court of Appeals · 1888
- Gass v. Astoria Veneer MillsAppellate Division of the Supreme Court of the State of New York · 1907
- Leinkauf Banking Co. v. GrellAppellate Division of the Supreme Court of the State of New York · 1901