O'Beirne v. . Allegheny Kinzua R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered November 2, 1894, which reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the first judicial department, entered November 2, 1894, which reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff is a stranger to the contracts under seal which he seeks to enforce in this action, and, therefore, he has established no cause of action against the defendants. (Wheelock v. Lee, 74 N. Y. 495; Spencer…
1Opinion of the CourtGray, J.
The plaintiff, on behalf of himself as a bondholder of the defendant railroad company and of all other bondholders similarly situated, brought this action to compel the specific performance of certain agreements, whereby some 46,000 acres of timber land, in the aggregate, contiguous or tributary to the line of the railroad, were to be conveyed to the trustee in the mortgage made by the railroad company; or to compel the defendants to pay the trustee, for the security of the bondholders, the value of said lands. The defendants, against whom this relief is prayed for, are the Allegheny &…
2Cases cited3 opinions
- Beveridge v. New York Elevated RailroadNew York Court of Appeals · 1889
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Cuff v. DorlandNew York Supreme Court · 1870
3Cited by24 opinions
- Bullis v. O'BeirneSupreme Court of the United States · 1904
- Atlantic Trust Co. v. Crystal Water Co. of EdgewaterAppellate Division of the Supreme Court of the State of New York · 1902
- Chemical Bank New York Trust Company, Trustee, Mortgagee v. Steamship Westhampton (Formerly Steamship Montauk Point), Her Engines, Boilers, Etc.Court of Appeals for the Fourth Circuit · 1966
- In re BenoitAppellate Division of the Supreme Court of the State of New York · 1908
- Bailes v. SOUTHERN RAILWAY CO.Supreme Court of South Carolina · 1955
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