Legal Opinion

Gray v. Pennsylvania Railroad

Superior Court of Delaware

Decided January 31, 1927No. 103PublishedCited by 18 opinions

1Opinion of the CourtRichards, J.

We overrule the objection. This question is controlled by Real Estate Trust Co. v. Wilmington & New Castle Electric Ry. Co., et al., 9 Del. Ch. 99, 77 A. 828, which held that one of the solicitors for the complainant might testify that, in accordance with the terms of the mortgage, he gave a written notice demanding the payment of interest and the installments on the sinking fund then due, before starting foreclosure proceedings on such mortgage.1

Mr. Townsend, in response to questions by the attorney for the plaintiff, then testified to certain details with respect to the position of the…

2Cases cited36 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. San Antonio & Aransas Pass Railway Co. v. WagnerSupreme Court of the United States · 1916
  3. Southern Railway Co. v. GraySupreme Court of the United States · 1916
  4. Chesapeake & Ohio Railway Co. v. CarnahanSupreme Court of the United States · 1916
  5. Gregg v. Western Pacific RailroadCalifornia Supreme Court · 1924

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3Cited by18 opinions

  1. Nye Odorless Incinerator Corp. v. FeltonSuperior Court of Delaware · 1931
  2. Jehu P. Evans v. The Pennsylvania Railroad Company, Margaret Elizabeth Jester, Widow v. The Pennsylvania Railroad Company, Noah Kenneth Collins v. The Pennsylvania Railroad Company, Leland Kenneth Phillips v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1958
  3. McGuire v. McCollumSuperior Court of Delaware · 1955
  4. Incret v. Chicago, Milwaukee, St. Paul & Pacific RailroadMontana Supreme Court · 1938
  5. Coulson v. Shirks Motor Express CorporationSuperior Court of Delaware · 1954

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