Cumming v. Middletown, Unionville & Water Gap Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Middletown, Unionville and Water Gap Railroad Company, from an order of the'Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Orange on the 9th day of August, 1911, granting the plaintiff’s motion for judgment on the pleadings.
1Opinion of the Court
Carr, J.:
The plaintiff is one of two trustees under a mortgage executed and delivered by the defendant, the Middletown, Unionville and Water Gap Railroad Company, as security for a series of bonds amounting in all to the sum of $250,000. The bonds and the trust mortgage became finally due on December 1, 1910, and no part of the moneys secured by the said mortgage and bonds has been paid.
This action has been brought by the plaintiff alone in his *106own name as trustee to foreclose the mortgage. The cotrustee, one John G. McCullough, is not a party plaintiff, but has been made a party defendant.…
2Cases cited2 opinions
- Wallach v. DryfoosAppellate Division of the Supreme Court of the State of New York · 1910
- Thatcher v. CandeeNew York Court of Appeals · 1866
3Cited by4 opinions
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
- Andrews v. KirkNew York Supreme Court · 1916
- Hirsch v. 66-74 Court Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1931
- Parker v. Furlow Development Co.New York Supreme Court · 1948