Legal Opinion

McCaddon v. Central Trust Co.

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

Decided April 19, 1918PublishedCited by 3 opinions

Appeal by. the plaintiff, Joseph T. McCaddon, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of January, 1917, upon the decision of the court after a trial at the New York Special Term, with notice of an intention to bring up for review an order of the Appellate Division reversing an order herein directing the issuance of a commission to take the testimony of a certain witness in…

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Appeal by. the plaintiff, Joseph T. McCaddon, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 16th day of January, 1917, upon the decision of the court after a trial at the New York Special Term, with notice of an intention to bring up for review an order of the Appellate Division reversing an order herein directing the issuance of a commission to take the testimony of a certain witness in Mexico.

1Opinion of the Court

Smith, J.:

The Mexican Packing Company was a corporation created by the laws of Mexico. Its plant was situated in Mexico. It issued $3,000,000 of bonds and secured the same by a mortgage executed to the defendant, the Central Trust Company of New York. Temporary bonds were first issued, to be thereafter exchanged for definitive bonds to be thereafter issued. Plaintiff is a holder of $100,000 of these temporary bonds. Thereafter $2,900,000 of definitive bonds were issued, separately numbered, which were sent to the company to be exchanged for temporary bonds of a corresponding number. This…

2Cited by3 opinions

  1. Gorham v. AronsNew York Court of Appeals · 1954
  2. Rector v. MelishAppellate Division of the Supreme Court of the State of New York · 1957
  3. Shapiro v. CaggianoAppellate Division of the Supreme Court of the State of New York · 1957

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