Beardsley v. Ontario Bank
New York Supreme Court
THIS was an action to foreclose a mortgage, given by the Black Biver and Utica Bail Boad Company to the plaintiffs, ak trustees, to secure the payment of bonds to the ambunt of $1,200,000 issued by the company for the purpose of completing their rail road. The mortgage was executed June 21, 1854, and was in its terms a mortgage of the rail road, real estate, chattels real and franchises of the company.
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THIS was an action to foreclose a mortgage, given by the Black Biver and Utica Bail Boad Company to the plaintiffs, ak trustees, to secure the payment of bonds to the ambunt of $1,200,000 issued by the company for the purpose of completing their rail road. The mortgage was executed June 21, 1854, and was in its terms a mortgage of the rail road, real estate, chattels real and franchises of the company. The plaintiffs, in their complaint, alleged a breach of the condition of the mortgage, by the non-payment of the interest due' upon the bonds. They further alleged that in August, 1857, the…
1Opinion of the Court
Allen, J,
The questions litigated in this action are of that character and importance that they will not he definitely settled until passed upon by the court of last resort; especially in view of the fact, that the decisions of the supreme court upon them are not in harmony with each other. The reasons, therefore, which may control my decision, are not important, and will be stated with more brevity than would be proper if it was supposed they were to influence the judgment or action of the parties in interest. There are two cases in our own courts, directly in point, or at least sufficiently…
2Cases cited7 opinions
- Walker v. ShermanNew York Supreme Court · 1839
- Murdock v. . GiffordNew York Court of Appeals · 1858
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- Farmers' Loan & Trust Co. v. HendricksonNew York Supreme Court · 1857
- Le Roy v. PlattNew York Court of Chancery · 1833
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- In Re GruczaUnited States Bankruptcy Court, W.D. New York · 2009