Jenkins v. John Good Cordage & Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the’ plaintiff, Frank & J. G. Jenkins, Jr., from a -judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 20th day of September, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term.
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Appeal by the’ plaintiff, Frank & J. G. Jenkins, Jr., from a -judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 20th day of September, 1899, upon the decision of the court rendered after a trial at the Kings County Special Term. The action is brought to compel the delivery to the plaintiff corporation of coupon bonds of The John Good Cordage and Machine Company, and to foreclose the mortgage given to secure such bonds.
1Opinion of the Court
Judgment affirmed, with costs, on the opinion of Mr. Justice Walter Lloyd Smith, at Special Term.
One of the principal authorities relied upon below and cited in the opinion (Dearing v. McKinnon Dash & H. Co., 33 App. Div. 31) has, since the argument, been affirmed by the Court of Appeals, and we are unable to discover any distinction in principle between that case and the case at bar.
All concurred.
The following is the opinion of Mr. Justice Walter Lloyd Smith at Special Term:
Walter Lloyd Smith, J. :
In January, 1897, the unsecured indebtedness of the defendant corporation amounted to about…
2Cases cited3 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Dearing v. DashAppellate Division of the Supreme Court of the State of New York · 1898
- Armstrong v. ByrneNew York Court of Chancery · 1831
3Cited by1 opinion
- North Side Bank of Brooklyn v. John Good Cordage & Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904