Park v. New York, L. E. & W. R.
U.S. Circuit Court for the District of Southern New York
This was a proceeding by Trenor Luther Park against the New York, Lake Erie & Western Railroad Company for the appointment of receivers and for other relief. John King and John C. McCullough were duly appointed receivers, and in August, 1893, the Farmers’ Loan & Trust Company petitioned the court for leave to intervene as a party defendant, and an order was made to that effect.
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This was a proceeding by Trenor Luther Park against the New York, Lake Erie & Western Railroad Company for the appointment of receivers and for other relief. John King and John C. McCullough were duly appointed receivers, and in August, 1893, the Farmers’ Loan & Trust Company petitioned the court for leave to intervene as a party defendant, and an order was made to that effect. The cause is now before the court on petition by the Farmers’ Loan & Trust Company praying for an investigation by the court, and an order respecting the payment of certain demands against the railroad company by the…
1Opinion of the Court
LACOMBE, Circuit Judge.
Receivers of the defendant railroad company weré heretofore in this action appointed, and are now administering ‘ their trust. The defendant trust company is the mortgagee in trust under various mortgages covering property of the defendant railroa'd company. Among these mortgages is one known as the “New Second Consolidated Mortgage,” dated October 5,1878, under which bonds to the amount of $30,097,400 are outstanding. The coupons falling due on this mortgage since receivers have been appointed have not been paid, the receivers not being in *191receipt of sufficient net…
2Cases cited1 opinion
- Park v. New York, L. E. & W. R.U.S. Circuit Court for the District of Southern New York · 1893
3Cited by2 opinions
- Lloyd v. Chesapeake, O. & S. W. R.U.S. Circuit Court for the District of Kentucky · 1895
- Von Boston v. United Rys. Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1925