Legal Opinion

Pomeroy v. Hocking Valley Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 1918Published

Appeal by the defendant, The Hocking Valley Railway Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of February, 1918, denying its motion to vacate a judgment entered herein on the 26th day of December, 1917, and for leave to file a supplemental answer.

1Opinion of the Court

Laughlin, J.:

This action is on seventy-three of the bonds against the guarantor and the material facts are the same as in the action between the same parties, a like appeal in which was argued and will be decided herewith. (Pomeroy v. Hocking Valley Railway Co., No. 1, 182 App. Div. 619.) The facts differ only in that on the motion in this action it was shown that the trust company had also in like manner and on like terms received the interest due on the coupons down to and including January 1, 1918, and interest thereon from the dates when due and that the trust company had filed a petition…

2Cases cited1 opinion

  1. Pomeroy v. Hocking Valley Railway Co.Appellate Division of the Supreme Court of the State of New York · 1918

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