Mahoning Inv. Co. v. Central Hanover Bank & Trust Co.

GALSTON, District Judge..Plaintiff seeks to recover 82,524 shares of the Class A common stock .of the Rochester & Pittsburgh Coal Company, and 200 shares of the capital stock of the J. & C. Corporation from the defendant, Central Hanover Bank & Trust Company, as successor trustee in the indenture designated as the general mortgage of the defendant, Buffalo, Rochester & Pittsburgh Railway Company. The material facts are not in dispute.

On September 1, 1887 the Railway Company executed and delivered to Union Trust Company a mortgage covering its railroad properties to secure an issue of general…