Davidson v. . Westchester Gas-Light Co.
New York Court of Appeals
These are cross-appeals from different portions of a judgment of the General. Term of the Supreme Court, in the second judicial department, entered upon an order made December 24, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The Westchester Gas-light Company had the right to mortgage its property.
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These are cross-appeals from different portions of a judgment of the General. Term of the Supreme Court, in the second judicial department, entered upon an order made December 24, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The Westchester Gas-light Company had the right to mortgage its property. (Laws of 1872, chap. 374; Sedgwick on Stat. and Const. Law, 123,124,125; Downs on Statutes, 531.) The objection to the mortgage, upon the ground that…
1Opinion of the Court
Ruger, Ch. J.
This is an action by the plaintiff, as trustee of certain bondholders, to foreclose a mortgage given for their security, on October 15, 18Y5, by the Westchester Gas-light Company, upon certain real and personal property described substantially as follows: Certain parcels of land in the city of Yonkers and the tenements, hereditaments and appurtenances thereto belonging, “ and all the buildings, gasometers, retorts, meters, and all machinery, tools and implements belonging to said party of the first part and now in or upon the said premises hereinbefore described ; ” and also upon…
2Cases cited1 opinion
- Murdock v. . GiffordNew York Court of Appeals · 1858
3Cited by19 opinions
- United States v. Raymond & Whitcomb Co.District Court, S.D. New York · 1999
- James v. GillenIndiana Court of Appeals · 1892
- New York Security & Trust Co. v. Saratoga Gas & Electric Light Co.New York Supreme Court · 1895
- Hamilton Trust Co. v. . ClemesNew York Court of Appeals · 1900
- Welch v. Importers & Traders' National BankNew York Court of Appeals · 1890
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