In re Sea Beach Ry. Co.
New York Supreme Court
In the "matter of the application of the Sea Beach Railway Company for an order requiring the comptroller of the city of New York to pay to petitioner an award made to the company by the Street Opening Commissioners for two strips of land, one on each side of Third avenue.
1Opinion of the CourtCrane, J.
The comptroller has refused to pay the award made to the Sea Beach Railway Company by the street opening commissioners, on the ground that a mortgage covering the property taken has not been released. The land taken for street purposes consists of two railroad strips about 10 feet wide and 40 feet long, one on each side of Third avenue. The mortgage is for $650,000, on all the property of the railway company, made to the trustees to secure the bonds of the company.
[1] It is true, as a general proposition or statement of law, that where mortgaged land is condemned the award stands for the land…
2Cases cited6 opinions
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- Hill v. WineAppellate Division of the Supreme Court of the State of New York · 1898
- Youngs v. StoddardAppellate Division of the Supreme Court of the State of New York · 1898
- Patterson v. City of BinghamtonNew York Supreme Court · 1895
- Hill v. WineAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Merriman v. . City of New YorkNew York Court of Appeals · 1919
- Matter of City of N.Y. (Vernon Parkway)New York Court of Appeals · 1941
- Bugg v. Maryland Transportation AuthorityCourt of Special Appeals of Maryland · 1976
- In re Long Island RailroadNew York Supreme Court · 1940