Atkins v. Trowbridge
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioners, Elenore B. Tuck, as executrix, etc., and others, 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 26th day of January, 1914, as resettled by an order entered therein on the 3d day of February, 1914, denying the appellants’ motion for an order directing that they be brought in as parties plaintiff in this action, and that the summons, judgment and all the…
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Appeal by the petitioners, Elenore B. Tuck, as executrix, etc., and others, 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 26th day of January, 1914, as resettled by an order entered therein on the 3d day of February, 1914, denying the appellants’ motion for an order directing that they be brought in as parties plaintiff in this action, and that the summons, judgment and all the pleadings and proceedings herein be deemed amended by adding their names as plaintiffs.
1Opinion of the Court
Clarke, J.:
The petitioners are the owners of certificates of the Metropolitan Trust Company, representing and evidencing the deposit of bonds of the Indianapolis, Decatur and Western Railway Company, being $11,500 of first mortgage bonds, $203,250 of second mortgage bonds and $123,980 income bonds, deposited with the said Metropolitan Trust Company, pursuant to an agreement between the holders of bonds of the said classes entered into about the month of August, 1891, for the purpose of bringing about a reorganization of the said railway company whose property was then under foreclosure, and…
2Cited by5 opinions
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