Platt v. New York & Sea Beach Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, August Meidling, as guardian ad litem of August Meidling, Jr., an infant, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of May, 1896, denying the petitioner’s motion to vacate an order appointing a receiver and also a judgment entered in the action, or to modify the same. - This action was brought for the purpose of foreclosing a mortgage…
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Appeal by the petitioner, August Meidling, as guardian ad litem of August Meidling, Jr., an infant, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 23d day of May, 1896, denying the petitioner’s motion to vacate an order appointing a receiver and also a judgment entered in the action, or to modify the same. - This action was brought for the purpose of foreclosing a mortgage executed by the Hew York and Sea Beach Railway Company. On January 11, 1896, the plaintiffs in this action procured' an order…
1Opinion of the Court
Hatch, J.:
The validity of the mortgage is not controverted. But it is claimed that under it no lien was acquired upon the personal property'purchased subsequent to its execution, as against the petitioner herein. That the lien should attach to after-acquired property is within the , express terms of the mortgage, and it is not disputed that such is its effect as between the parties thereto; By the provisions of the statute (Laws 1850, chap. 140, § 28; subd'. 10) authority was conferred to mortgage the corporate property and franchises for the purpose of completing, furnishing or operating the…
2Cases cited7 opinions
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- Rochester Distilling Co. v. RaseyNew York Court of Appeals · 1894
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Central Trust Co. v. KneelandSupreme Court of the United States · 1891
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pintsch Compressing Co. v. Buffalo Gas Co.Court of Appeals for the Second Circuit · 1922
- American Brake Shoe & Foundry Co. v. New York Rys. Co.District Court, S.D. New York · 1921
- The Fort OrangeDistrict Court, S.D. New York · 1933
- Washington Trust Co. v. Morse Iron Works & Dry Dock Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Ithaca Trust Co. v. Ithaca Traction Corp.New York Court of Appeals · 1928
6 more not listed; retrieve them via the Exa API.