Butterfield v. . Cowing
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15, 1886, which affirmed a judgment in favor of defendant, the Rew York Elevated Railroad Company, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made October 15, 1886, which affirmed a judgment in favor of defendant, the Rew York Elevated Railroad Company, entered upon a decision of the court on trial without a jury. The ease is reported upon a former appeal, sub nomine James v. Cowing (82 H. Y. 449.) This action was brought originally by Frederick P. James, the present plaintiff’s intestate to obtain an adjudication that the franchises and property of the West Side Elevated (Patented) Eailway Company (of Hew York…
1Opinion of the CourtDanforth, J.
The action proceeded upon the theory that the defendant Cowing, -as trustee under a mortgage executed by the “West Side Elevated Patent Railway Company,” had violated the provisions of the mortgage to the prejudice of the plaintiff, and that the other defendant, “The Hew York Elevated Railroad Company,” had with notice of that violation obtained an advantage. Upon the first trial judgment was rendered for the plaintiff against Cowing, but in favor of the railroad company. The plaintiff and the defendant Cowing each appealed to the General Term, where the judgment as to Cowing was affirmed,…
2Cited by22 opinions
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- Lewis v. . HoweNew York Court of Appeals · 1903
- In Re LeuppNew Jersey Court of Chancery · 1931
- Turner v. FrybergerSupreme Court of Minnesota · 1906
- Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
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