Pondir v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, Hew York county. Action by John Pondir against the New York, Lake Erie & Western Railroad Company, the Buffalo, Bradford & Pittsburgh Rail-' road Company, and Hugh J. Jewett, as receiver of the Erie Railway Company, to set aside, as void, a lease and a mortgage, and for an accounting. Prom a judgment dismissing the complaint on the merits, plaintiff appeals.
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Appeal from special term, Hew York county. Action by John Pondir against the New York, Lake Erie & Western Railroad Company, the Buffalo, Bradford & Pittsburgh Rail-' road Company, and Hugh J. Jewett, as receiver of the Erie Railway Company, to set aside, as void, a lease and a mortgage, and for an accounting. Prom a judgment dismissing the complaint on the merits, plaintiff appeals. This action was brought in January, 1881, by a shareholder in the Buffalo, Bradford & Pittsburgh Railroad Company, to have a lease executed January 5, 1866, by that corporation to the Erie Railway Company, and a…
1Opinion of the CourtFollett, J.
There is no conflict in the evidence in this case. All of the material facts were testified to by the officers and employes of the defendants, who offered no evidence except the order of December 30, 1879, discharging Hugh J. Jewett as receiver of the Erie Railway Company. By the transactions set forth in the statement of facts, the Erie Railway Company and its successor, the Hew York, Lake Erie & Western Railroad Company, have -acquired the property reserved in the lease, without any consideration being paid therefor. This was effected through the complaint board of directors of the Buffalo,…
2Cases cited7 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Butts v. . WoodNew York Court of Appeals · 1867
- Greaves v. . GougeNew York Court of Appeals · 1877
- Barr v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jones v. Missouri-Edison Electric Co.Court of Appeals for the Eighth Circuit · 1906
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
- Mayflower Hotel Stockholders Protective Committee v. Mayflower Hotel Corp.Court of Appeals for the D.C. Circuit · 1949
- Hallenborg v. GreeneAppellate Division of the Supreme Court of the State of New York · 1901
- Gray v. FullerAppellate Division of the Supreme Court of the State of New York · 1897
9 more not listed; retrieve them via the Exa API.